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DIVORCEPACKETSAC AND FOX NATION DISTRICT COURT356159 EAST 926 ROAD, STROUD, OK. 74079Court PersonnelCharlotte Smith, Court AdministratorR. Daniel Carter, Attorney GeneralStephen Ward, Tribal AttorneyDistrict CourtChief Judge, Darrell DowtyJudge, Michael C. SmithJudge, Jon D. DouthittJudge, Gregory BiglerSupreme CourtChief Justice, O. Joseph WilliamsVice Chief Justice, Timothy PoseyJustice, Larry K. LenoraJustice, Barbara A. DakinJustice, Joe C. TaylorPHONE: (918)968-2031The forms in this packet are to be used for your useas a guide or as the actual document you will filewhen seeking a divorce. Please read theinstructions carefully before completing the forms.Remember that the Court Clerks cannot acceptpetitions that do not conform to the instructions inthis packet. Should you need assistance inpreparing the petition, you must consult anattorney at your own expense or your local legalaid. The Court Clerks are prohibited by EthicalCode and Court Rules to provide legal adviceand in helping parties complete or prepare courtdocuments. Court Clerks cannot advise you onhow to proceed or what forms may be necessaryin specific situations.FAX: (918)968-3781PACKET CONTAINS:pgDisclaimer2Instruction Sheet3Petition of Dissolution of Marriage Form4Entry of Appearance & Waiver Form9Summons Form10Judicial Order for Proper Conduct ofDivorced Parents11Bill of Rights for Children of Divorce15Order Entering Visitation Schedule16Infant Visitation Schedule18The Court does provide an ‘Ask a Lawyer Day’ on the second Tuesday of every month from10:00 a.m. – 3:00 p.m. We suggest you call that morning to check that the lawyer will be therethat day.1

DISCLAIMERForms available should not be considered legal advice, and are provided only for referencepurposes. These forms are provided only as a guide in developing a form for a particularcase and set of facts. The content and format of forms not specifically determined by theSac and Fox Nation Tribal Code or court rule may require modifications to suit the specificsof a given case.The publication of these forms is in no way a representation that they are either appropriatefor use in a particular case or situation or that they are adequate for use without modificationor elaboration.To obtain legal advice and to insure the proper use of this material, you shouldcontact a lawyer.By using, you are certifying that you have read, understand and agree with this disclaimer.2

FILING INSTRUCTIONS-PLEASE READPETITION FOR DISSOLUTION OF MARRIAGE1. Petition for Dissolution of Marriage MUST be signed in front of the Court Clerk or a notarypublic when you are ready to file.2. All Individual who want to file must bring: Completed Petition for Dissolution of Marriage Completed Summons (fill in the style and the name and address of the party tobe served) Sac and Fox Tribal Membership Card/CDIB Marriage License copy Birth certificates for MINOR children of the marriage FILING FEES 60 service/summons fee of 25 within jurisdiction, 15 outsidejurisdiction3. Filing Fees, copies fees etc., MUST be made in the form of a Credit/Debit card payment(3% convenience fee), Cashiers’ check, Money Order or Personal Check and madepayable to “Sac and Fox Nation Tribal Court” OR cash in the exact amount due. TheCourt does not keep cash on hand to make change. Filing fees MUST be paid at thetime of filing your petition.4. Submit original Petition for Dissolution of Marriage for the Court file. The Court Clerk willprovide you with one copy of the petition for your own records.5. Your Petition for Dissolution of Marriage MUST have the FULL ADDRESS (city, state and zipcode) of both parties. Obtaining this information is your responsibility.OFFICE HOURS: 8:00 AM - 4:30 PM, MONDAY – FRIDAYDISTRICT COURT FOR THE SAC AND FOX NATION356159 EAST 926 ROAD, STROUD, OKLAHOMA 74079PHONE:FAX:(918)968-2031(918)968-3781Charlotte Smith, Court AdministratorAmy Goodman, Deputy Court Clerk3

IN THE DISTRICT COURT OF THE SAC AND FOX NATION356159 EAST 926 ROAD, STROUD, OKLAHOMA 74079In re the Marriage of))Petitioner,and))CASE NO. JFD-)Respondent.))PETITION FOR DISSOLUTION OF MARRIAGECOMES now the Petitioner, , and files this verifiedPetition for Divorce against the Respondent, in the Sac andFox Tribal Court and alleges and states under oath that the following information is true and correct.(1.)That this Court has territorial jurisdiction to hear and decide this matter in that the [ ] Petitioner OR[ ]Respondent is now and has been for more than three (3) months next preceding the filing of thepetition herein an actual resident, in good faith, of the State of Oklahoma, within the jurisdiction ofthe Sac and Fox Nation, and a resident of County, saidresidence being .(2.)That the Sac and Fox Tribal Court has personal jurisdiction to hear and decide this matter because:(CHOOSE ONE)[ ] The Petitioner is an enrolled member of the Sac and Fox Nation of Oklahoma/Nation andPetitioner’s address and telephone number is( ) ; and the Respondent is an enrolledmember of the Sac and Fox Nation and Respondent’s address and telephone number is() .-OR[ ] That the Petitioner is a non-Indian, who submits to the jurisdiction of the court, and Petitioner’saddress and telephone number is; and theRespondent is an enrolled member of the and theRespondent’s address and telephone number is ( ) ,.-OR[ ] That the Petitioner is an enrolled member of the andPetitioner’s address and telephone number is; and the Respondent is a non-Indian,4

who submits to the jurisdiction of the court and Respondent’s address and telephone number is.(3.)[ ] That the Petitioner and Respondent were legally married on the day of themonth of the year and said marriage is registered in the County inthe State of and have since that time have lived as husband and wife;-OR[ ] That the Petitioner and Respondent were common law married around themonth of year and have since then lived as husband and wife;(4.)That the Petitioner is of legal age, dob: and may be identified by S.S. #and the Respondent is of legal age, dob: andmay be identified by S.S.# ;(5.)That Petitioner is years old and his/her occupation is andthat she/he has lived in Indian Country for months/years and the Respondent isyears old and his/her occupation is and that he/she haslived in Indian Country for months/years;(6.)That of the marriage children have/has been born born, namely:dob: Tribedob: Tribedob: Tribedob: Tribedob: Tribe(7.)That the [ ] Petitioner/[ ] Respondent is not pregnant at this time;-ORThat the [ ]Petitioner/[ ] Respondent is pregnant and the birth of said child is expected on or aboutthe day of 20 , and that the father of said child is;[ ] That the parties have lived separately and apart for at least days prior to the filing ofthis petition;(8.)(9.)[] That as grounds for this Petition for Dissolution of Marriage the Petitioner alleges:andthat a serious marital discord exists and there is no reasonable prospect of reconciliation;(10.) [ ] That the Petitioner does not need a restraining order;-OR[ ] That the Petitioner needs a restraining order because the Petitioner fears the Respondent mayattempt to harm, harass or molest the Petitioner. Describe what has happened to cause the needfor an order of restraint:;5

(11.) [ ] That the parties have not accumulated any property that needs to be divided by the Court;-OR[ ] That the parties have acquired certain property either by real estate and/or personal that shouldto be divided by the Court as follows:To the Petitioner:To the Respondent:(12.) [ ] That the parties have not acquired any debts that need to be addressed by the Court;-OR[ ] That the parties have acquired debts that need to be divided by the Court in that the Petitionershall be responsible for the following debts:;And the Respondent shall be responsible for the following debts:;(13.) That the [ ] Petitioner/[child(ren) of the parties;] Respondent is a fit and proper person to have custody of the minor(14.) That the [ ] Petitioner/[ ] Respondent should have visitation with the minor child(ren) at reasonabletimes and places;-ORThat the [] Petitioner/[] Respondent should have visitation with the minor child(ren) on asupervised basis;-ORThat the [ ] Petitioner /[ ] Respondent should have visitation with the minor child(ren) accordingthe following schedule:(15.) That the [ ] Petitioner/[ ] Respondent is capable of providing reasonable child support and he/sheshould be ordered and directed to make child support payments in the amount of permonth per child;-OR[ ] That no child support be ordered because there are no children of the marriage;-OR[ ] That no child support be ordered because the children of the marriage have reached the age ofmajority;6

(16.) That the [ ] Petitioner/[ ] Respondent should not be required to pay spousal support;-ORThat the [ ]Petitioner/[ ]Respondent should be required to pay spousal support in the amount ofper month until he/she remarries or until further order of the Court;(17.) That the [ ] Petitioner/[ ] Respondent should be restored to her maiden or former name of:.-ORThat the [ ] Petitioner/[ ] Respondent should not be restored to her former name;(18.) That no other divorce action has been filed by either the Petitioner or any other Respondent in anyother state or tribal court as of this date;-ORThat another divorce action has been filed in another court in County, Cityof , State of and that saidcase number is .Wherefore, premises considered, the Petitioner prays that upon hearing this cause the Courtgrant and award the Petitioner a decree of Dissolution of Marriage from the Respondent and any andall relief is requested herein and such other further relief as to which the Petitioner is entitled.PetitionerAddress:()7

VERIFICATIONI, being duly sworn to tell the truth and being of lawful age above 18years of age hereby states that I have prepared and read the attached petition and verify that all ofthe factual allegations contained in the petition are in fact true and correct to the best of myknowledge and belief, under penalty or perjury.PetitionerSubscribed and Sworn to before me this day of , 20 .Notary/Court Clerk8

IN THE DISTRICT COURT OF THE SAC AND FOX NATION356159 EAST 926 ROAD, STROUD, OKLAHOMA 74079In re the Marriage ofPetitioner,andRespondent.)))))))CASE NO. JFD-RESPONDENT’S ENTRY OF APPEARANCE AND WAIVERComes now the Respondent herein, and hereby acknowledges receipt of a copy ofthe petition filed herein, states that he/she has read and understands the same, herebywaives the issuance, service, and return of process upon him/her in this action, enters avoluntary appearance in this cause, waiving all time and right to plead, answer or appear inthis action, and consents that the same may be set down for trial and hear by the court atany time hereafter without notice to, and in the absence of, this Respondent.DATED this the day of , .RespondentAddress:Phone:STATE OF OKLAHOMACOUNTY OF)))SS:Before me, the undersigned, a Notary Public within and for the State of Oklahoma ,on this day of , 20 , personally appeared the above named Respondent, andexecuted the foregoing entry of appearance and waiver, and personally acknowledged to methat he/she has read, understood and signed the same, and that he/she executed the sameas his/her free and voluntary act and deed for the uses and purposes therein set forth.IN WITNESS WHEREOF I have hereunto affixed my signature and official seal the day anddate heretofore stated.Notary PublicMy commission expires:9

IN THE DISTRICT COURT FOR THE SAC AND FOX NATION356159 EAST 926 ROAD, STROUD, OKLAHOMA 74079PHONE: (918) 968-2031,Petitioner,-vs-Case No.,Respondent.SUMMONSTHE SAC AND FOX NATION TO:Greetings:You are hereby notified that a Petition for Dissolution of Marriage has been filed in the Sac and FoxDistrict Court. You have twenty (20) days from the date of service to file an Answer.You are hereby summoned and notified that the Court will hear the evidence in support of and inopposition to the granting of said Petition for Divorce at the Sac and Fox District Courthouse located 5miles South and ¼ mile East of Stroud, Oklahoma on the day of 20 at thehour of : a.m.YOU MAY SEEK THE ADVICE OF AN ATTORNEY ON ANY MATTER REGARDING THIS SUIT OR YOUR ANSWER.IN WITNESS WHEREOF, I have hereunto set my hand and official seal on ,20 .SAC AND FOX NATION, Court Clerk[SEAL]By: Clerk/DeputyRETURN OF SERVICEReceived this on the day of , 20 , at am/pm, and executed the same on thedayof,20 ,atam/pm,to:Dated:Police Officer10

JUDICIAL ORDER FOR PROPER CONDUCT OF DIVORCED PARENTSThe Order is directed equally to both the Petitioner and Respondent in a divorce matter.If there is bitterness between you, it should not be inflicted upon your children. In everychild’s mind there should always be an image of TWO GOOD PARENTS. Your future withyour children and with this Court will be enhanced if you will follow these guidelines.1.The divorce is not the children’s fault. It is not because of anything they did. For thechildren, it is a confusing, frustrating experience over which they have no control.Children should not be made to feel like they need to choose sides when their parents areat odds.2.Children will tend to blame themselves for the divorce and you must constantlyreassure them that they are not to blame; that it happens to all kinds of children and thatthey are not alone. Help them with their fears by assuring them they will be taken care of.3.Research is now suggesting that it is not the divorce itself that hurts the children, butrather the conflict that they have to live with afterwards that results in maladjustment.4.It is important for children to have access to both parents for a balanced picture of maleand female roles. They need your time and attention far more than presents. A child canlove both parents more if he or she is not pressured to love one parent less. They willgenerally not feel very close to one parent who continually puts down the other and arequick to go for guidance to the parent who has a positive attitude towards life.5.Your child’s sense of who he/she is comes from both parents. They will be burdened ifthey are told of their other parent’s shortcomings. Spare your children the painfulexperience of seeing his/her parents fighting. This only adds to the pain of divorce andthe feeling that the conflict is over him/her.6.Parents do your mourning with your adult friends and family rather than using yourchildren as your therapist.7.Do not criticize or berate the other parent, members of the other parent’s family,acquaintances, or employees. Do not burden your children with the worries and troublesof adults-they are children only once. Do not discuss with them details of any pendinglitigation matters.8.Do not expose your children to inappropriate sexual relations with any person with whomyou may be emotionally involved.9.Do not visit or transport the children in a motor vehicle driven by you if you have been11

drinking alcoholic beverages or are intoxicated. Minimize consumption of alcoholicbeverages in the presence of the children and never become intoxicated when the childrenare in your care.10.You are required to keep the other parent informed of any change of address and changeof telephone number of yourself and the children at all times. All such changes must bereported immediately. You are required to inform the other parent at once of seriousillness or injury to the children.11.Do not use your visitation to continue argument with theother parent. Never quarrel in the presence of the children. You should not use the\children as messengers to communicate with the other parent.12.When in the best interests of the children, it is the Court’s policy to assure minor childrenof frequent and continuing contact with both parents and encourage parents to share therights and responsibilities of child rearing. To this end, when awarding custody, theCourt considers which parent is more likely to allow the children frequent and continuingcontact with the non-custodial parent.13.Keep your visitation as pleasant as possible for your children by NOT questioning themregarding activities of the other parent. Do not burden your children with the worries andtroubles of adults.14.Parents must realize that visitation takes precedence over other plans for the children.However, infrequently there may be conflicts between visitation and plans which are inthe best interest of the children. Both parents are required to work out this problemtogether as mature adults.15.Do not use your visitation to continue argument with the other parent. Never quarrel inthe presence of the children. You should not use the children as messengers tocommunicate with the other parent.16.Do not attempt to visit or telephone your children at unreasonable hours.17.Always notify the other parent as soon as possible if you are unable to keep yourscheduled visitation. It is unfair to your children to keep them waiting and even worse todisappoint them by not coming at all. It is in the best interest of the children thatscheduled visitation be timely. A visiting parent waiting or no parent present at the timethe children are returned is an aggravation leading to confrontations in the presence of thechildren.18.The custodial parent must prepare the children both physically and mentally forvisitation. The children and necessities for their care should be available by the custodialparent to the non-custodial parent at the time mutually agreed upon or the time set by theCourt. This includes clothing and medications. All items furnished by the custodial parentmust be returned with the children.12

19.The issues of visitation and child support are separate and distinct. Neither is dependentupon the other and both are independently enforceable by Contempt. Nonpayment ofchild support is not a ground the Court is to consider in contempt hearings for denial ofvisitation. Denial of visitation is not a ground the Court is to consider in contempthearings for nonpayment of child support.20.Be prompt in paying child support exactly as ordered. You will not be credited withpresents, clothes, etc., as part of child support. The parent who has a duty of paying childsupport must always maintain proof of payment and be in a position to prove the payment(i.e. receipts, canceled checks, etc.).21.Each parent must realize that the most important job is to carry out the responsibility ofraising children in a proper, cooperative way. Always work for the emotional well-being,health, happiness, and safety of your children. Use good judgment and your very bestexample to achieve these goals. Schedule regular dental and medical examinations.When driving, secure your children in seat belts or a safety chair. Never expose yourchildren to excessive alcohol consumption or inappropriate or illegal drug use nor anydangerous, immoral or illegal situation or circumstances.22.The custodial parent shall promptly inform the non-custodial parent of any illness of thechildren which shall require medical attention. The custodial parent is responsible to theprovider for all medical and dental expenses of the children over and above what iscovered by insurance. The custodial parent shall provide to the non-custodial parentdocumentation from the provider of the actual expenses, the amount paid by insuranceand the balance owing. The non-custodial parent shall reimburse the custodial parenthis/her percentage share as determined under the child support guidelines within thirty(30) days of receipt of such documentation.23.The parent that is responsible for providing major medical and/or dental insurance, or anytype of insurance for the children, or who has voluntarily provided insurance for thechildren, is required to keep the other parent informed of the proper name and address ofthe company, any changed in the benefits, any and all pre-admittance notice required bythe company, benefit cards with dependents identification numbers, and any otherinformation reasonably necessary to assure the children are covered and claims areproperly presented to the insurance provider.24.The custodial parent is responsible to the provider for all child care expenses of thechildren. The custodial parent shall provide to the non-custodial parent documentationfrom the provider of actual expenses within thirty (30) days of receipt of same. The noncustodial parent shall reimburse the custodial parent his or her percentage share asdetermined under the child support guidelines with thirty (30) days receipt of suchdocumentation.25.It shall be the duty of the custodial parent to inform the non-custodial parent and providecopies to the non-custodial parent of all written schedules and notices of any school,church or extra-curricular activities or functions pertaining to your children; including but13

not limited to, teacher conference, open houses, awards, banquets, sporting events, schoolplays, report cards, test results, school photographs and similar items. It shall be the dutyof the custodial parent to inform and provide copies of such to the non-custodial parent totake the necessary action with the school authorities to list the non-custodial parent of thechildren provide the school with the non-custodial parent’s address and phone numbers,and if applicable, list the non-custodial parent as a person to be contacted in case ofemergency.26.It shall be the duty of the non-custodial parent to facilitate your child’s continuedParticipation in your child’s school activities, extracurricular activities, sporting activitiesor church activities during your visitation period.27.Give your child unconditional love-they need it at this time more than any other.Remember, they are children only once and for a relatively short period of time.28.Do not accuse, blame or nag the other parent about things which have happened in thepast. Use the same degree of consideration, kindness and respect toward the other parentthat you expect in return. You must respect the fact that the opposing party is yourchild’s Dad or Mom and treat them accordingly.29.All parties are advised that it is improper and unethical to discuss any pending matterwith the Court unless both parties and their attorneys are present.30.Incorporated by reference is the Bill of Rights for Children of Divorce.31.All parties are directed to refrain from harassing each other through texting, calling,emailing and any other Internet media(s).14

BILL OF RIGHTS FOR CHILDREN OF DIVORCE1. The right to be treated as important human beings, with unique feelings,ideas, and desires and not as a source of argument between parents.2. The right to continuing relationship with both parents and a freedom toreceive love from and express love from both.3. The right to express love and affection for each parent without having tostifle that love because of fear of disapproval by the other parent.4. The right to know that their parents’ decision to divorce is not theirresponsibility and that they will live with one parent and will visit theother parent.5. The right to continuing care and guidance from both parents.6. The right to honest answers to question about changing familyrelationships.7. The right to know and appreciate t what is good in each parent withoutone parent degrading the other.8. The right to have a relaxed, secure relationship with both parentswithout being place in a position to manipulate one parent against theother.9. The right to have custodial parent not undermine visitation by suggestingtempting alternative or by threatening to withhold visitation aspunishment.10. The right to be able to experience regular and consistent visitation andthe right to know the reason for a canceled visit.Failure to follow these directions may result in violation of the Courts orderand my be punishable by contempt of Court with fine, imprisonment or both.Failure to follow these directions will be considered by the Court as a factor indetermining the best interest of the children at any hearing before the Court.There may also be additional expense of attorney fees and court costs, all ofwhich can be better used for the benefit of your children.Thank youMichael C. SmithDistrict Court Judge15

ORDER ENTERING VISTATION SCHEDULEThe non-custodial parent shall have visitation with all minor children of the parties asfollows:I.II.REGULAR VISITATION:a. The non-custodial parent shall have visitation every other weekend fromFriday after school or day care until Monday morning when the non-custodialparent returns the child(ren) to school or day care.b. If a child is not attending school or day care the non-custodial aren’t shallpick up the child from the custodial parent’s home at 6 o’clock p.m. onFriday and shall return the child to the custodial Parent’s home at 7:30o’clock a.m. on Monday.c. All visitation weekends that include a Federal or State Monday holiday shallbe part of the regular weekend and return time on Tuesday shall be the sameas the Monday return time.d. Regular Visitation shall occur during the school year and shall not occur fromJune 1st until the 1st day of school.Holiday Visitation:a. HOLIDAYSpring BreakEVEN YEARSCustodial ParentODD YEARSNon-CustodialFall BreakNon-Custodial ParentCustodial ParentThanksgiving BreakCustodial ParentNon- CustodialFirst part of Christmas BreakNon-Custodial ParentCustodial ParentParent(From after school or day care on the last day of school before the break until 6 p.m. onDecember 27th)Balance of Christmas BreakCustodial ParentNon-CustodialParent(From 6 p.m. on December27thuntil return to school or day care on the day school resumes)b. All Mother’s Day weekends shall be spent with the Mother.All Father’s Day weekends shall be spent with the Father.The weekend shall begin at 6 p.m. Friday before Mother’s Day or Father’sDay and conclude on the following Monday morning at the return time forregular weekend visitation. Father’s Day weekend is not available forMother’s summer visitation.16

c. THE HOLIDAY SCHEDULE SUPERSEDES ALL REGULARLY SCHEDULED VISITATION.The Holiday Schedule shall be governed by the school the child attends orwould attend or would attend if not of school age. If a child not yetattending school shall be governed by the schedule for the school which theolder sibling attends.III.SUMMER VISITATION:a) The non-custodial parent shall have summer visitation for two weeks in Juneand must notify the custodial parent of the dates in writing by March 30.b) The July 4th holiday (from 6 p.m. on July 3rd to 6 p.m on July 5th shall alternatebetween the parties on a yearly basis. The non-custodial parent shall notselect date in July which include the July 4th holiday in consecutive years.c) Two weeks shall mean one period of 14 consecutive days or two periods of 7consecutive days, with the visitation beginning and ending at 6 p.m.d) The non-custodial parent shall have summer visitation from 6 p.m. on August8th. If the child(ren)’s school year does not begin until September, anadditional week of visitation in August will be available with dates to beagreed upon by the parents by June 1.e) The non-custodial parent shall not schedule periods of summer visitationconsecutively to create a period of 3 consecutive weeks (such as the last 2weeks of July and the first week of August) or a period of 4 consecutiveweeks (such as the last weeks of June and the first 2 weeks of July).f) If the non-custodial parent fails to give proper notice of when she/he willexercise summer visitation in June and/or JulyIV.OTHER PROVISIONSa) Toys and clothes belonging to the child(ren) should travel freely betweenhouseholds and shall be returned with the child(ren) in a clean and orderlymanner.b) Parents are allowed to deviate from this schedule by mutual agreement.c) It is important to be aware that this visitation schedule is for the purpose ofproviding assured minimum amounts of visitation between non-custodialparent and child(ren). Visitation should exceed the number of occasions setout herein.d) In addition, liberal telephone communications between the non-custodialparent and child(ren) are encouraged and should occur. Liberal telephonecommunications are also encouraged and should occur between thechild(ren) and the custodial parent during the non-custodial parent duringthe non-custodial parent’s visitation.(2/2003)17

EXPLANATORY NOTES1.The new schedule now provide pickup and return times for a child who is too young toattend school and is not in day care.2.There is now clarification that the non-custodial parent does not continue to have alternateweekend visitation in the summer plus the blocks of time allocated in June, July and August.3.The new Christmas schedule prevents one parent having the child for Christmas day inconsecutive years. This schedule also allows for travel out of state without the need for thechild to travel on Christmas Eve or Christmas Day.4.This schedule solves the problems

DIVORCE PACKET . SAC AND FOX NATION DISTRICT COURT. 356159 EAST 926 ROAD, STROUD, OK. 74079 . PHONE: (918)968-2031 FAX: (918)968-3781. . The forms in this packet are to be used for your use as a guide or as the actual document you will file when seeking a divorce. Please read the