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Questions Answered by Charles Watts
1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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1 Answer | Asked in Criminal Law for Oklahoma on
Q: For a novel in Oklahoma: Character sees evidence of murder on an in-law (bloody clothes) and does not report. Accessory?

If the character is certain that an in-law is the murderer, but does not say anything, and benefits from this relation afterwards, does this failure to tell the police constitute an accessory to murder? If this character decides to tell the truth 10 years later, will the DA cut a deal so the... View More

Charles Watts
Charles Watts
answered on Nov 30, 2023

By definition in Oklahoma 21 OS § 172, with Felonies, there are Principals (anyone who furthered the Felony act prior to or during the act itself -- aid and abet in the commission-even if not present), and Accessory After the Fact (anyone who helps conceal the already committed act). A good... View More

2 Answers | Asked in Civil Litigation and Traffic Tickets for Oklahoma on
Q: Do I have to right to drive my vehicle with out a tag. Constutional right to travel?

I have a bill of sale and I am waiting for the title. Got a citation for failure to register and expired tags which it doesn't have a tag to expire.

Charles Watts
Charles Watts
answered on Nov 29, 2023

While I agree with my colleague there is a brief period where you can drive without a tag and only a bill of sale. This period is five days from the date of sale. After that you must have it titled/registered. If you purchased from a car lot they just provide you with a dealer tag which would allow... View More

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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2 Answers | Asked in Landlord - Tenant for Oklahoma on
Q: Is there still some time to get my personal property after I've been evicted that I had to leave behind
Charles Watts
Charles Watts
answered on Aug 23, 2023

It depends on the time frame of when you were evicted. "Generally," after 30 days the items can often be considered as abandoned and thus up to the landlord to do with them as they see fit. Furthermore, they can put them into storage and you would be responsible for the storage fees.... View More

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2 Answers | Asked in Consumer Law and Collections for Oklahoma on
Q: Which date determines the end of a statute of limitations? The date filed, or the date defendant was served?

Last activity on account was 6/23/18. Petition filed 5/12/23 but not served until 8/7/23

Charles Watts
Charles Watts
answered on Aug 23, 2023

The date filed typically, however, if it is proven the person actively avoided being served that could potentially extend the time.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Charles Watts
Charles Watts
answered on Aug 23, 2023

I agree with Mr. Louden - another potential aspect could be if there was a job history issue, and therefore the attorney is thinking more along the lines of having to argue for/against stable employment.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Charles Watts
Charles Watts
answered on Jul 8, 2023

Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same... View More

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1 Answer | Asked in Foreclosure and Civil Rights for Oklahoma on
Q: The country is trying to take my home for property taxes

My parents left everything to me in their will. I understand that this is illegal .

Charles Watts
Charles Watts
answered on Jun 15, 2023

Property taxes are still due regardless of how you obtained the property. Therefore the county can do that. The part that is not allowed is 'income tax' on the value of the property. It cannot be shown as income against you, assuming other factors do not apply, but since you are asking... View More

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Q: I need motion of contempt. Motion for drug test to show as positive. Motion for judge to follow rules and procedures

I don't know where to find or how to draft. Unable to retain lawyer. But judge isn't following proper procedures, opposing counsel allowed to make hearings without motions per decree. Contempt motions. Motion for refused drug test to show as positive. And more..but where do I find these?... View More

Charles Watts
Charles Watts
answered on Jun 15, 2023

It is unfortunate that you feel the judge is ignoring procedure and the opposing party is getting away with things you do not agree with. You will not find any such forms here. This is a forum to get general answers to questions. I am not sure why you are unable to retain an attorney, but if you... View More

1 Answer | Asked in Traffic Tickets for Oklahoma on
Q: Traffic ticket said failure to use child restraints. But she was buckeld an in boosterseat in front passenger seat

Child was fixing to be 4yrs old in her booster seat buckeled in the passenger seat..highway patrol man gave me a $279 ticket cuz she was in front seat..Oklahoma does not have a age law for the front seat so why did I get a ticket for failure to use child restraints

Charles Watts
Charles Watts
answered on Jun 13, 2023

A booster seat is not allowed until after they turn 4. So while the booster seat may have buckled fine in the front seat it isn’t a car seat. Therefore the patrolman was correct in the citation of failure to use child restraints because the child was not in an actual car seat. For reference here... View More

1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... View More

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... View More

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Which states child support laws are followed?

If I have had my child all her life and were residents of Oklahoma, her dad is in texas, which state child support laws does child support follow texas or Oklahoma?

Charles Watts
Charles Watts
answered on Apr 26, 2023

This is dependent on previous court orders. If the Oklahoma court has established jurisdiction over the child then Oklahoma calculations would be used. Likewise for Texas. If there is not orders in place then you would use the resident state of the child, because that state has more of an interest... View More

1 Answer | Asked in Probate for Oklahoma on
Q: In the state of oklahoma, if there is no named beneficiary on life insurance policy, but the deceased is married ....

(for 2 months) who gets the money?

Charles Watts
Charles Watts
answered on Apr 13, 2023

If the life insurance does not state a beneficiary would be highly unusual the way the insurance companies work, so that should be researched more. Assuming there is not one listed, then the policy would most likely pay the decedants estate and then the proceeds would go through the normal process... View More

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... View More

Charles Watts
Charles Watts
answered on Apr 13, 2023

She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... View More

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1 Answer | Asked in Estate Planning and Elder Law for Oklahoma on
Q: Does new POA automatically cancel out old POA even though there is no clause to revoke ?

I had POA in 2019 on my dad and my daughter had my dad signed new POA in 2021 with no clause revoking my POA and my dad did not revoke my POA. would mine still be valid or would it just be hers valid? Thank you

Charles Watts
Charles Watts
answered on Mar 23, 2023

POAs are in effect until they are revoked typically. Not 100% of the time because there can be wording saying otherwise. Also if a person dies then the POA dies with them because the POA is only effective to act in the place of the person granting the POA in an action they could actually do... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Is a QCD legal proof of purchase if not filed with county office.

I recently discovered that property I purchased and obtained QCD, but I never filed with county court office was sold again by same seller to another person and QCD filed exactly 1 month before mine was filed. Both QCD were filed but now seller claims ownership of property. What can I do about this... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

If you failed to file your deed then you will most likely not receive the land because the other person did and will be viewed as the new owner. The original seller coiso be subject to some legal action on your part for unjust enrichment or fraud but you will need to contact an attorney to get the... View More

1 Answer | Asked in Adoption, Child Custody and Family Law for Oklahoma on
Q: My cousin is wanting to give me her unborn child because her and her husband are unable to care for her.

They are in AZ but willing to come to Oklahoma to have the baby. Where do I start? How do I bring home the baby when she is born

Charles Watts
Charles Watts
answered on Mar 10, 2023

If she comes here to have the baby then you will most likely avoid the legal issues of multiple states and thus making it easier and cheaper for you. Kinship adoptions are a fairly simple procedure and most adoption attorneys can assist you and most of us will give a free phone consult to make sure... View More

1 Answer | Asked in Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... View More

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