Questions Answered by Doak Willis

Q: I am wanting to get a divorce from my husband after committing adultery.

1 Answer | Asked in Divorce for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
District attorneys rarely if ever file charges against folks for adultery in Oklahoma. You should hire an attorney and have him/her file a petition for dissolution. Your case appears to be a simple matter and a good attorney can guide you through the process thus easing your concerns about your past acts.

Q: Can I be required to pay child support for periods of time when I was legally married to my kids mother?

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
If you were married and the children and your spouse were living with you, you would not be required to pay child support during that time frame.

Q: How to emancipate yourself in the state of Oklahoma

1 Answer | Asked in Family Law for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
Unless you know the law concerning emancipation in Oklahoma and the requirements to do so, you will need to hire an attorney to accomplish that if you qualify.

Q: Can a side agreement be enforced due to "precedence" or does the decree stand if the verbal arrangement no longer works?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
No they are not correct. The law encourages the custodial parent to allow additional time for visitation with the child or children and they cannot use that is any modification hearing in the future against you. Usually the parties share the travel expense and your facts show that you are following the intent of the law and you should not worry about the non custodial parent trying to use your past actions against you.

Q: Our garage door will not stay up. Is this considered a safety hazard in which we can withhold rent?

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
This is not a listed condition in the statutes that empowers you to withhold rent. Put your landlord on notice in writing that there is a hazard that needs to be fixed. Without looking at your lease, an attorney cannot tell you what all your rights may be under the facts of your case.

Q: If I have been a tenant of a commercial property over 10 years do I have a right to buy the land before a stranger?

2 Answers | Asked in Landlord - Tenant and Real Estate Law for Oklahoma on
Answered on Jan 25, 2019
Doak Willis' answer
No. Just because you leased the property gives you no superior rights concerning the sale of the property.

Q: What Oklahoma statute requires a purchaser of alcohol to produce proof of age?

1 Answer | Asked in Criminal Law and DUI / DWI for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Yes. Title 37 O.S. Section 600.3 B.

Q: Is it abuse of court discretion to not allow council to withdraw from case in the beginning of a jury trial

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Jan 22, 2019
Doak Willis' answer
Usually not. It depends of course upon the reason that the attorney is seeking to withdraw from the case. Once a case reaches the stage of a Jury trial, ordinarily the Court will not allow an attorney to withdraw except for very compelling reasons.

Q: my sons father was awarded sole custody 2 years ago and since September he has giving them to me full time

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
You didn't ask a question. If you were wondering what you should do to get your children's custody returned to you then you would need to hire a good attorney to bring a modification of the Decree if indeed the facts surrounding your case rise to the legal threshold for a modification.

Q: My mother died 2018 w/handwritten will leaving me 2 lots bare land. How can I get it in my name w/o lawyer?

2 Answers | Asked in Land Use & Zoning and Real Estate Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
No unless you know the probate laws of Oklahoma and can do the paperwork required to file in Court to clear up the title to the property. But you would still have to file paperwork in Court.

Q: In Oklahoma, would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
A common law marriage in Oklahoma is a legal marriage just as much as one where a marriage license is procured and then the parties have a traditional marriage before a Judge or other clergy. There is no superseding. In case of divorce or as termed now dissolution, the Court will divide the marital assets and obligations of the parties equitably.

Q: Can a deferred sentence be reduced over time?

1 Answer | Asked in Domestic Violence for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
There is a method of reviewing his sentence but can only be accomplished with the consent of the District Attorney at this point. It would take hiring a good criminal defense attorney who could possibly get the DA to agree. At that point the attorney could file the paperwork to get the case back in front of the sentencing Judge. The Judge must agree also.

Q: Mom died last year the deed was quit claimed to my sister to sell and split 3 ways shouldn't this be an inheritance

1 Answer | Asked in Tax Law for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The fair market value is determined by an appraisal or by relying upon a Realtor you can trust to set the price to ask when selling the house. When the proceeds of the property are split between the heirs, they will each pay tax on their amount they received. Since there was no probate no estate taxes would be due and unless the estate was huge, no estate taxes would be due anyway. If the property was quit claimed prior to death, it would not be an inheritance.

Q: If pulled over does the cop need to tell me what I did wrong before I give ID? Could I be arrested 4 not compliance?

1 Answer | Asked in Traffic Tickets for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
An officer is under no obligation to first inform you as to the reason that they stop you for a traffic violation. It is always wise to ask in a calm and reasonable manner if indeed you have no idea as to the reason they have stopped you. People usually are aware of the reason but if not ask the officer but don't argue as it usually only escalates into more problems for the driver. As to whether you should hold out on giving your ID to the officer until he tells you the reason for the stop, you...

Q: Who is financially responsible for the medical and dental of a minor child?

1 Answer | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.

Q: I live in Oklahoma can my old landlord charge me for damages after I moved out? If so how long does he have to charge me

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
Yes he can charge you for damages if there are damages. If you left the premises in good condition when you moved then you should contact him and set a time to go over the premises if he claims damages. At that point you will know if your going to get your deposit back or not. The time limitation is just as long as you do nothing. Since he has your deposit, he won't be contacting you. You must contact him if you feel you have money coming back to you.

Q: i work as a nurse in oklahoma, and a nurse stated out loud " i want some of that you are taking" this was just a joke

1 Answer | Asked in Employment Discrimination, Employment Law and Libel & Slander for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
If your employer does drug testing and makes it mandatory for all employees I don't see any problem of discrimination. If you were singled out there might be a case but other factors would still come into play. Since its supposed to be by blind pick, I would say that is fair. Have a talk with the employee who made that statement and ask nicely that he/she not joke about drugs in the workplace.

Q: How is the divorce petition supposed to read when filed if you have no children involved?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
As long as your petition meets all the requirements for a divorce petition to be filed in Oklahoma County and in Oklahoma, it doesn't matter if it was filed under the family and domestic divorce with minor children. You will want to contact the Clerk's office and advise them so it can be set on the other docket without children.

Q: My son received a duid in Oklahoma, the da has filed a delinquent petition with the juvenile court. He is still in my

1 Answer | Asked in Juvenile Law for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
That means your going to need to hire an attorney to represent your child and yourself concerning that filing by the District Attorney. Do not hesitate to hire one immediately.

Q: Motion to modify custody filed & mailed to defendant's atty. Defendant hasn't filed a response. Do they still need to?

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
Unless the attorney agreed to accept service for his client you must first serve the defendant personally and not the attorney. If the attorney agreed to the service, you should file a motion for default judgment and get an order for hearing date set and file it with the motion and serve it on the attorney. If they don't show for that hearing, you will win by default.

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