Uncontested Divorce Petition + Decree Filing Packet - Oklahoma

UNCONTESTED DIVORCE PETITION + DECREE FILING PACKET — OKLAHOMA

TABLE OF CONTENTS

1. Pre-Filing Eligibility & Waiting-Period Checklist
2. Caption (All Pleadings)
3. Petition for Dissolution of Marriage
4. Waiver of Service and Entry of Appearance
5. Marital Settlement Agreement
6. Financial Disclosure / Income & Expense Statement
7. Child Support Computation & Parenting Plan References (If Applicable)
8. Parenting Education Compliance (If Applicable)
9. Affidavit / Joint Affidavit in Support of Decree
10. Decree of Dissolution of Marriage
11. Filing Procedure & Court Clerk Checklist
12. Certificate of Mailing / Service
13. Sources and References

1. PRE-FILING ELIGIBILITY & WAITING-PERIOD CHECKLIST

☐ State residency (43 O.S. § 102). At least one party has been an actual, good-faith resident of Oklahoma (or has been stationed at a U.S. military post or reservation within Oklahoma) for the 6 months immediately preceding the filing of this Petition.

☐ County residency / venue (43 O.S. § 103). Petitioner has resided in the county of filing for at least 30 days, OR the action is filed in the county of Respondent's residence.

☐ Ground. The marriage is irreconcilably broken on the no-fault ground of incompatibility (43 O.S. § 101(7)).

☐ Waiting period (43 O.S. § 107).
☐ No minor children of the marriage — 10-day waiting period from filing applies (waivable for cause).
☐ One or more minor children — 90-day waiting period from filing applies (waivable only for good cause).

☐ Parenting class (43 O.S. § 107.2). If minor children are involved, both parties will complete a court-approved parent-education course before entry of the Decree.

☐ Settlement. Parties have agreed on property and debt division; support alimony (if any); and custody, visitation, and child support (if applicable).

☐ Automatic Temporary Injunction. Parties acknowledge local-rule ATIs that may attach on filing.

☐ Filing fee. Filing fee ($183–$258 depending on county) is ready, or a Pauper's Affidavit will accompany the Petition.

2. CAPTION (ALL PLEADINGS)

IN THE DISTRICT COURT OF [________________________________] COUNTY

STATE OF OKLAHOMA

Case No. FD-[____________]

3. PETITION FOR DISSOLUTION OF MARRIAGE

COMES NOW the Petitioner, [PETITIONER'S NAME], and for cause of action against the Respondent alleges and states:

3.1 Parties and Residency

1. Petitioner is an adult and has been an actual, good-faith resident of the State of Oklahoma for the 6 months immediately preceding the filing of this Petition, and has resided in [________________________________] County for at least 30 days. Petitioner resides at [________________________________], [____________], Oklahoma [____________]. Date of birth: [__/__/____].

2. Respondent is an adult and resides at [________________________________], [____________], [STATE] [____________]. Date of birth: [__/__/____].

3.2 Marriage

3. The parties were married on [__/__/____] at [CITY], [STATE/COUNTRY].

4. The parties separated on [__/__/____].

3.3 Ground — Incompatibility

5. Irreconcilable incompatibility has arisen between the parties such that the legitimate objects of matrimony have been destroyed and there is no reasonable prospect of reconciliation (43 O.S. § 101(7)).

3.4 Children

6. ☐ No children were born of or adopted during the marriage, and Petitioner is not pregnant.

☐ The following minor child(ren) were born of or adopted during the marriage:

7. UCCJEA: Each minor child's home state is Oklahoma and the child(ren) have resided in Oklahoma for at least the 6 months immediately preceding filing (or since birth).

3.5 Property and Debts

8. The parties have acquired marital property and debts during the marriage. The parties have entered into, or will enter into, a Marital Settlement Agreement attached or to be tendered as Exhibit A, dividing all property and debts equitably under 43 O.S. § 121.

3.6 Alimony / Support Alimony (43 O.S. § 134)

9. ☐ Both parties waive support alimony.

☐ The parties have agreed on support alimony as set forth in the Marital Settlement Agreement.

3.7 Restoration of Name (43 O.S. § 121)

10. ☐ Petitioner requests restoration of the former name: [________________________________].

3.8 Prior Actions / Protective Orders

11. ☐ No other domestic-relations action is pending between the parties.

☐ The following is pending: [________________________________].

12. ☐ No Victim's Protective Order is in effect.

☐ The following protective order is in effect: [________________________________].

3.9 Prayer for Relief

WHEREFORE, Petitioner prays:

A. That the Court take jurisdiction over the parties and the subject matter;

B. That the bonds of matrimony be DISSOLVED on the ground of incompatibility;

C. That the parties' Marital Settlement Agreement be approved and incorporated into the Decree;

D. That custody, visitation, and child support (if applicable) be ordered as set forth in the Agreement and Parenting Plan;

E. ☐ That Petitioner's former name [________________________________] be restored;

F. For such other and further relief as the Court deems just and equitable.

3.10 Verification

I, [PETITIONER'S NAME], being first duly sworn, state that I have read the foregoing Petition and the facts stated therein are true to the best of my knowledge, information, and belief.

[________________________________]
Petitioner

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public — State of Oklahoma
My commission expires: [__/__/____]
Commission No.: [______________]

4. WAIVER OF SERVICE AND ENTRY OF APPEARANCE

I, [RESPONDENT'S NAME], the Respondent in the above-styled action, state:

1. I have received a true and complete copy of the Petition for Dissolution of Marriage and any accompanying Marital Settlement Agreement, Child Support Computation, and Parenting Plan.

2. I waive issuance and formal service of summons, enter my general appearance, and submit to the personal jurisdiction of this Court.

3. I have read the foregoing documents, understand them, have had the opportunity to consult independent counsel, and execute this Waiver freely and voluntarily.

4. I ☐ join in / ☐ do not contest the relief requested in the Petition.

5. I waive notice of all further proceedings except as required by law.

[________________________________]
Respondent

Subscribed and sworn to before me this [____] day of [____________], [______].

[________________________________]
Notary Public — State of Oklahoma

5. MARITAL SETTLEMENT AGREEMENT

This Marital Settlement Agreement is made between [PETITIONER] and [RESPONDENT] on [__/__/____].

5.1 Recitals

A. The parties were married on [__/__/____] and separated on [__/__/____].

B. Each party has provided full financial disclosure.

C. Each party has had the opportunity to retain independent counsel.

D. The parties intend to settle all rights and obligations arising from the marriage.

5.2 Real Property

5.3 Vehicles and Personal Property

5.4 Financial Accounts and Retirement

5.5 Debts

5.6 Support Alimony

☐ Both parties waive support alimony, present and future.

☐ [PARTY] pays $[________] per [period] for [________] months, beginning [__/__/____], terminable on death, remarriage, or cohabitation (43 O.S. § 134).

5.7 Children (if applicable)

Custody, visitation, and child support are addressed in the Parenting Plan (Exhibit B) and Child Support Computation Form (Exhibit C). Child support is calculated under the Oklahoma Child Support Guidelines (43 O.S. §§ 118 et seq.).

5.8 Taxes

For tax year [______]: ☐ joint ☐ separate. Allocation: [________________________________].

5.9 Acknowledgments

Each party acknowledges this Agreement is fair, just, and equitable, made after full disclosure and without coercion, and may be incorporated into the Decree.

5.10 Signatures

[________________________________] Date: [__/__/____]
Petitioner

[________________________________] Date: [__/__/____]
Respondent

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public — State of Oklahoma

6. FINANCIAL DISCLOSURE / INCOME & EXPENSE STATEMENT

Each party shall complete and exchange a verified Income and Expense Statement containing:

☐ Gross monthly income from all sources (employment, self-employment, investment, government benefits, other);

☐ Recent pay stubs (60 days) and W-2 / 1099 for the prior tax year;

☐ Federal and state income tax returns for the prior 3 years;

☐ Statements (within 60 days) for all checking, savings, brokerage, retirement, and pension accounts;

☐ Itemized monthly expenses (housing, utilities, transportation, food, insurance, medical, childcare, debt service, other);

☐ List of all assets and debts, with values, balances, and account numbers.

The disclosure shall be verified under oath and provided to opposing party / counsel.

7. CHILD SUPPORT COMPUTATION & PARENTING PLAN REFERENCES (IF APPLICABLE)

☐ Complete the Child Support Computation Form using the Oklahoma DHS Child Support Calculator (43 O.S. §§ 118 et seq.).

☐ File a Parenting Plan addressing legal custody (sole / joint), physical custody, visitation schedule (regular, holidays, school break), transportation, decision-making (education, health, religion, activities), communication, relocation, and dispute resolution. Joint custody under 43 O.S. § 109 requires a written joint-custody plan.

☐ UCCJEA Affidavit listing each child's residence for the prior 5 years.

☐ Income Assignment / IV-D order for child-support enforcement (43 O.S. § 115).

☐ Health-insurance allocation between the parties.

8. PARENTING EDUCATION COMPLIANCE (IF APPLICABLE)

Both parties must complete an approved parent-education seminar covering the impact of separation/divorce on children (43 O.S. § 107.2). Certificates of completion shall be filed before entry of the Decree.

☐ Petitioner's certificate filed [__/__/____].

☐ Respondent's certificate filed [__/__/____].

9. AFFIDAVIT / JOINT AFFIDAVIT IN SUPPORT OF DECREE

We, [PETITIONER] and [RESPONDENT], being first duly sworn, state:

1. We are the parties to this action and have personal knowledge of the facts below.

2. Residency under 43 O.S. § 102 is satisfied: Petitioner has been a bona-fide Oklahoma resident for at least 6 months immediately preceding filing.

3. The marriage is irreconcilably broken due to incompatibility (43 O.S. § 101(7)).

4. The applicable statutory waiting period under 43 O.S. § 107 has elapsed (or is being waived for good cause shown by separate motion).

5. ☐ No minor children are at issue.
   ☐ The minor children are identified in the Petition; both parties have completed the required parenting class; the Parenting Plan and Child Support Computation are in the best interest of the children.

6. We have voluntarily executed the Marital Settlement Agreement after full financial disclosure and without coercion.

7. We jointly request that the Court enter the Decree of Dissolution submitted herewith without further hearing.

[________________________________] Date: [__/__/____]
Petitioner

[________________________________] Date: [__/__/____]
Respondent

Sworn before me this [____] day of [____________], [______].

[________________________________]
Notary Public — State of Oklahoma

10. DECREE OF DISSOLUTION OF MARRIAGE

This matter came before the Court on the Petition for Dissolution of Marriage filed [__/__/____]. The Court, having reviewed the pleadings, the Marital Settlement Agreement, the Parenting Plan and Child Support Computation (if applicable), and the supporting Affidavits, FINDS, ORDERS, ADJUDGES, AND DECREES:

10.1 Findings

1. The Court has subject-matter and personal jurisdiction over the parties.

2. At least one party has been a bona-fide resident of Oklahoma for the 6 months immediately preceding filing (43 O.S. § 102).

3. The applicable waiting period under 43 O.S. § 107 has elapsed (☐ 10 days, no children; ☐ 90 days, with children; ☐ waived for good cause).

4. The parties have completed the required parenting-education class (if applicable).

5. The marriage is irretrievably broken due to incompatibility (43 O.S. § 101(7)).

6. The Marital Settlement Agreement is fair, just, and equitable.

10.2 Decree

A. The bonds of matrimony between [PETITIONER] and [RESPONDENT] are DISSOLVED.

B. The Marital Settlement Agreement dated [__/__/____] is APPROVED and INCORPORATED into this Decree.

C. ☐ Custody, visitation, and child support are awarded as set forth in the Parenting Plan and Child Support Computation, which are APPROVED and INCORPORATED.

D. ☐ Support alimony: ☐ waived; ☐ awarded as: [________________________________].

E. ☐ Petitioner's former name [________________________________] is RESTORED (43 O.S. § 121).

F. Each party shall execute documents necessary to effectuate property transfers, account divisions, and any QDRO.

G. Income Assignment shall issue for child support (if applicable) (43 O.S. § 115).

H. This Decree is FINAL and APPEALABLE.

IT IS SO ORDERED this [____] day of [____________], [______].

[________________________________]
JUDGE OF THE DISTRICT COURT

Approved as to form and content:

[________________________________]
[ATTORNEY / PETITIONER PRO SE]
OBA No. [______________]
[ADDRESS] / [PHONE] / [EMAIL]

[________________________________]
[ATTORNEY / RESPONDENT PRO SE]
OBA No. [______________]

11. FILING PROCEDURE & COURT CLERK CHECKLIST

☐ Step 1. Confirm 6-month state residency and 30-day county residency (43 O.S. §§ 102, 103).

☐ Step 2. Prepare Petition, Summons (if not waived), Civil Information Sheet, UCCJEA Affidavit (if children), and Marital Settlement Agreement.

☐ Step 3. File with the District Court Clerk in the appropriate county. Pay filing fee or submit Pauper's Affidavit.

☐ Step 4. Service of process: personal service by sheriff/private process server (12 O.S. § 2004); certified mail; or Respondent signs Waiver and Entry of Appearance.

☐ Step 5. Observe statutory waiting period (43 O.S. § 107) — 10 days (no children) or 90 days (with children).

☐ Step 6. Both parties complete parenting class (if children) and file certificates.

☐ Step 7. Submit Decree, Affidavit, child-support computation, and any QDRO. Some counties require a brief uncontested hearing; others permit decree on the papers.

☐ Step 8. Obtain entered Decree; record real-property transfers; submit QDROs; update beneficiaries.

12. CERTIFICATE OF MAILING / SERVICE

I certify that on [__/__/____] a true copy of the foregoing was served on:

[________________________________]
Filer

13. SOURCES AND REFERENCES

• 43 O.S. § 101 — Grounds for divorce (incompatibility no-fault; fault grounds).
• 43 O.S. § 102 — 6-month state residency.
• 43 O.S. § 103 — 30-day county residency / venue.
• 43 O.S. § 105 — Petition.
• 43 O.S. § 107 — Waiting periods (10 days / 90 days).
• 43 O.S. § 107.1 — Waiver of waiting period.
• 43 O.S. § 107.2 — Parenting education.
• 43 O.S. § 109 — Joint custody.
• 43 O.S. § 110 — Temporary orders.
• 43 O.S. § 112 — Custody and support orders.
• 43 O.S. § 113 — Alimony.
• 43 O.S. §§ 118 et seq. — Child Support Guidelines.
• 43 O.S. § 121 — Property division; name restoration.
• 43 O.S. §§ 551-201 et seq. — UCCJEA.
• 12 O.S. § 2004 — Service of process.
• Oklahoma DHS Child Support Calculator.
• Oklahoma State Courts Network (oscn.net) — forms and county clerk locations.
• Oklahoma Bar Association free legal-resource pages (okbar.org).