Oklahoma requires a certain formatting of amendments and pleadings in divorce. A divorce petition is a document that is filed to start the dissolution of a marriage. When filing an amendment to a divorce petition, you must follow Oklahoma's rules of civil procedure. Oklahoma allows the petitioner to amend a petition for dissolution of marriage once before the other party is served, or within 20 days after the original petition was filed if the case has not been placed on the trial calendar.
Review your original petition for dissolution of marriage, noting information that may have changed or is missing. The amendment is the opportunity to include any additional financial information, property, custody agreements, or pleas you wish to present to the court. You may also need to amend the original petition if you or your spouse have moved or changed employment.
Gather the information you wish to add or correct in the amendment. Review a copy of your original petition for divorce. Make written notes if there is a change of address, employer, financial accounts or assets that you are aware of. Ask your spouse if any of his information has changed since the original petition was filed and note any changes he provides.
Prepare the amendment and motion to amend the petition for divorce, if you are representing yourself. A motion to amend is a separate document asking the court to allow you to make changes to your original petition for divorce. If both you and your spouse agree on the items in the amendment, the motion to amend would then become a stipulated motion to amend, notifying the court that both the petitioner and respondent agree to the changes or additions in the amendment. If your spouse does not agree to the changes, you will file the amendment and motion to amend without his signature and the court may set a hearing to decide whether to accept the amendment. Be sure to review the relevant Oklahoma statutes for format guidelines before preparing pleadings filed in cases of dissolution of marriage.
Contact the clerk of the court for the county in which the original petition for divorce was filed to determine whether you will need to file a request for hearing on motion to amend the divorce petition. If your county requires, prepare a request for hearing on the motion to amend divorce petition.
Sign the motion and amendment in the presence of a notary. If filing a stipulated motion to amend divorce petition, the motion must include notarized signatures of both spouses on the original filed with the court.
Locate the courthouse for your county. This should be the same location where the original petition for divorce was filed. You may wish to call the clerk of the court prior to visiting to confirm whether you must file in person or may mail in your filings. File the motion and amendment with the clerk of the court.
Serve a copy of the motion and amendment on your spouse. Check with the clerk of the court to verify whether you must serve the documents by process server or may serve through the mail.
Attend any hearing set by the court with regard to your motion to amend. If you filed a request for a hearing on your motion, the clerk will set a hearing date when you file. By filing in person you will have the information on when and where to attend your hearing.
- Copy of original petition for divorce
Tips & Warnings
- Seek the advice of an attorney or consider using an online document preparation service to amend the petition if you are unsure of what to include in your amendment.
References & Resources
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