QUESTIONS TO ANSWER BEFORE FILING FOR DIVORCE

QUESTIONS TO ANSWER BEFORE FILING FOR DIVORCE

 

YOUR FULL NAME: ______________________________________ Birth Date: _________

 

SSN: ________________ Drivers Lic. #: __________________Cell Phone: _____________

 

Home Address: ______________________________________________________________

 

County: ______________ Work Phone: ________________ Home Phone: ______________

 

Employer’s Name and Address: _________________________________________________

 

____________________________________________ Gross per Month: ________________

Pay periods, i.e., weekly, monthly, etc.: ___________________________________________

 

Any additional income: _______________________________________________________

(Please give all details, i.e. name, address and telephone number of each such additional source of income, monthly pay periods, monthly earnings from each such source, whether this is temporary, or permanent, and length of time such will continue).

 

SPOUSE’S FULL NAME: ________________________________ Birth Date: ___________

 

SSN: ________________________ Drivers License #:____________________________

 

Address: ___________________________________________________________________

 

County: _______________

 

Employer’s Name and Address: _________________________________________________

 

______________________________________________ Gross per Month: ______________

Pay periods, i.e., weekly, monthly, etc.: ___________________________________________

 

Any additional income: _______________________________________________________

(Give details requested above)

 

Do you and your spouse agree on the terms of this divorce? If so, will a Waiver be signed by your spouse? ______ If not, where is service to be made? ____________________________

(Specify days and hours of employment)

 

I / My spouse have/has been a resident of Tulsa/Osage/Creek/Washington/Wagoner County for 30 days. (Circle one)

 

I/ My Spouse have/has been a resident of Oklahoma for 6 months. (Cirlce one)

 

Date of Marriage: _______________________ City & State: _______________________

If separated, since when? _______________________________________________________

If common?law marriage, approximate date: ________________________________________

 

Does either party have pension funds, Keough plans, Erisa plans, or IRAs? ______ If so, who? _____ value: $ ______________ Is the participant of the fund or plan vested? _______________

 

Will you or your spouse be eligible for continuation of group health insurance through COBRA after this divorce is granted? __________ If so, what is the name of the group health insurance company? ____________________________________________________________________

 

PROPERTY (REAL AND PERSONAL)

 

List all real and personal property (including real estate [give the street address and legal description], vehicles, household furniture, household goods and furnishings), and a value for the items to be divided. Specify whether it was acquired during this marriage, or if it was acquired prior to this marriage.

 

PROPERTY REQUESTED BY YOU

(Check one)

Acquired Acquired

Description Value During Prior

 

 

 

 

 

 

 

 

 

 

________________________________________________________________________

 

PROPERTY FOR SPOUSE

(Check one)

Acquired Acquired

Description Value During Prior

 

 

 

 

 

 

 

DEBTS

 

Specify the creditor’s name, address, account number, approximate balance, designate which are joint or individual debts, and who is responsible for payment of each debt. Include mortgages, liens, credit cards, signature loans, student loans, etc.

 

DEBTS TO BE PAID BY YOU

 

Creditor’s name Joint or Prior to

and address Account No. Amount Individual or during

marriage

 

 

 

 

 

 

 

 

DEBTS TO BE PAID BY SPOUSE

Creditor’s name Joint or Prior to

and address Account No. Amount Individual or during marriage

 

 

 

 

 

 

 

 

Grounds for divorce: ____________________________________________________________

 

Do you and/or your spouse receive State (DHS) assistance? YES NO If yes, explain:________

______________________________________________________________________________

Accounting needed? ________ Restraining Order? __________ Assets order? ___________

Temporary support requested for client? _____How much? $________ Alimony requested? ___

If so, amount and reason: $_______________________________________________________

 

Have you filed Bankruptcy? YES NO If so, when was it discharged? ____________________

Restoration of maiden/former name? ______ If so, state name, and if it is maiden or former name:

________________ If publication, last address: _______________________________________

Other:

 

 

 

 

 

CHILDREN

 

Specify if born of this union or marriage, adopted by the parties, or adopted by step?parent.

Full SS Date of City and

Name No. Birth State Age

 

 

 

 

 

 

Who is to have custody of the children? ____________ Visitation privileges: _______________

 

 

 

Amount of monthly child care expenses for all children: ________________________________

Date due? _________Who is to maintain medical insurance for the above?listed children? _____

Amount of dependent premium only: $__________ (weekly, bimonthly, monthly, semi?annually, annually)? ____________________________________________________________________

 

How are deductible amounts and medical expenses not covered by insurance for the children to be divided? ___________________________________________________________________

 

If termination of parental rights, reason: _____________________________________________

List each child’s name, all addresses, periods of residence and the custodian’s name, address and relationship for each period of time with whom the children have lived during the past five (5) years is listed below:

 

Periods of Child’s Place of Custodian’s Name,

Residence Name Residence Relationship to

Child & Present

Address

 

 

 

 

 

ANSWER THE FOLLOWING QUESTIONS:

 

I have participated as a party, witness or in some other capacity in other litigation in this or some other state concerning custody, including visitation, of a child subject to this proceeding. YES NO (circle one)

 

If YES, state:

a. Name of each child involved:

b. Your capacity in the litigation:

c. Court, State & Case Number:

d. Date of last Court Order or Judgment, if any:

 

I have information concerning a custody proceeding pending in a Court of this or some other state concerning the custody of a child subject to this proceeding. YES NO (circle one)

 

If YES, state:

a. Name of each child involved:

b. Nature of proceeding:

c. Court, State & Case Number:

 

I know of a person who is not a party to this proceeding who has physical custody of or has or claims to have custody or visitation rights with a child who is subject to this proceeding. YES NO (circle one)

 

If YES, state:

a. Person’s Name and Address:

b. Name of Child involved:

c. _____ Has Physical Custody;

 

_____ Claims or Has Custody Rights;

 

_____ Claims or Has Visitation Rights.

SCHEDULE “3”

BUDGET WHILE LIVING SEPARATELY

 

1. Number of persons living in household: ___________________________

2. Name and Relationship of all members of the household whose expenses are included:

NAME RELATIONSHIP

________________________________________ ___________________

________________________________________ ___________________

________________________________________ ___________________

 

Expense Amount
1. Rent or mortgage payments (residence) $
2. Real property taxes (residence) $
3. Real property insurance (residence) $
4. Maintenance (residence) $
5. Food and household supplies $
6, Utilities including water, electricity, gas and heat $
7. Telephone, mobile phone and pag!r $
8. Laundry and cleaning $
9. Clothing $
10. Uninsured medical $
11. Uninsured dental $
12. Insurance (life, health, accident, comprehensive, liability, and disability) $
13. Child Care $
14. Payment of Child Support/Spousal Support (Prior Marriage) $
15. School $
16. Entertainment (includes clubs, social obligations, travel and recreation) $
17. Incidentals (grooming, tobacco, alcohol, gifts and donations) $
18. Transportation (other than auto) $
19. Auto expense (gas, oil, repair, insurance, tag) $
20. Auto payments $
21. Installment payments (insert total and attach an itemized schedule) $
22. Other expenses:
TOTAL $

2. Ex Parte Temporary Orders

 

Applications for ex parte temporary orders and ex parte emergency orders are heard by the Judge assigned to the case, as provided in Rule DR 1(3). If a restraining order is issued, a hearing will be set before the assigned Judge within ten (10) days. (43 OS. § 110)

 

RULE DR 4. Agreed or Default Decrees and Judgments

 

All requests to grant divorce decrees agreed to by the parties or sought by

default shall be heard only by a Judge assigned to the Family Division. These hearings shall be held from 9:00 a.rn, to 9:30 a.m. and 1:00 p.m. to 1:30 p.m.

 

RULE DR 5. Discovery

 

1. Within twenty (20) days of the date of service of summons or no later than 48 hours before the temporary order hearing, whichever is earlier, both parties shall exchange copies of the following documents:

 

a. An accurate and provable statement of the parties’ gross monthly

income supported by the preceding month’s payroll checks and check stubs, and evidence of all income received from all sources within ninety (90) days prior to the date of

service;

 

b. complete tax returns for three (3) years prior to date of service;

 

c. an accurate and provable statement of monthly employment?related

child care expenses;

 

d. evidence of medical insurance coverage and premium cost;

 

e. an accurate and provable list of all marital debts, stating the purpose

of the debt and the amount of monthly payments for all existing debts and obligations; and

 

f. an accurate and provable list of monthly living expenses.

 

2. All additional discovery shall be commenced within forty?five (45) days of the date of service of summons or notice of hearing, absent agreement of the parties or an order of the Court.

 

RULE DR 6. Pretrial Orders

All pretrial orders for Family cases must be submitted on the Family Divison pretrial order form available from the Court Clerk’s office.

 

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