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Questions Answered by Charles Watts
1 Answer | Asked in Divorce for Oklahoma on
Q: We filled for divorce and were given a court date. The clerk told my husband to be ready to testify

We have nothing to testify. We have an uncontested divorce. We turned in my waiver to show up and we have no idea what he has to testify about. The clerk said the judge was old school and if he didn't testify right or say the statement right he would deny the divorce. When my husband asked... View More

Charles Watts
Charles Watts
answered on Apr 19, 2021

Typically, even in uncontested divorces, the filing party (Petitioner) will have to testify. What this usually entails is stating their name for the court, they have lived in the county and state for the required time, things are not going to get fixed, and they understand they cant marry anyone... View More

2 Answers | Asked in Criminal Law for Oklahoma on
Q: I blacked out from drinking too much alcohol, someone had sex with me while I was blacked out, is that rape in Oklahoma?

I have no memory of making inside my apartment or anything after that and woke up the next morning naked from the waist down. I was left on the couch with my pants on the floor and no blanket to cover me. He was in my bed in my room sleeping. He was also drinking but only had 3 drinks in comparison... View More

Charles Watts
Charles Watts
answered on Apr 19, 2021

By definition a person who gives consent to sex, but technically is unable to, is a victim of 2nd degree rape, also known as statutory rape. You need to contact your local law enforcement agency for potential criminal charges to be filed on the perpetrator.

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2 Answers | Asked in Divorce for Oklahoma on
Q: What are the chances of a person facing criminal charges due to bigamy
Charles Watts
Charles Watts
answered on Mar 29, 2021

It’s technically a felony if memory serves me but I do not know the last time a DA actually filed those charges. It’s very very rare.

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4 Answers | Asked in Family Law for Oklahoma on
Q: Does the state of Oklahoma allow annulments for the grounds of bigamy
Charles Watts
Charles Watts
answered on Mar 29, 2021

As lo mg as you meet the residency requirements then yes that is a grounds for annulment.

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1 Answer | Asked in Child Support for Oklahoma on
Q: My son is paying support plus insurance for the child he doesn't see. The mother is married and her husband owns a

business. They have a good income. Would the mother's income offset my son's support? He pays $275/mo and over $150 a month for the child's insurance.

Charles Watts
Charles Watts
answered on Mar 20, 2021

The mothers income as well as your son’s income is both calculated in the child support calculations. Then then overnights spent with each parent determines affects the percentage of expenses split between the two as well as the amount paid.

If your son is paying healthcare directly (as...
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1 Answer | Asked in Car Accidents for Oklahoma on
Q: If my car was impounded,I didn’t receive any citations nor do I have the title:is it up to the tow yard to let me get mY

Things out or are they required to let me get my stuff out by law?

Charles Watts
Charles Watts
answered on Mar 20, 2021

They are not required to let you have anything out of the car until you pay them. Until that time it is all considered collateral for the expense of towing and storage.

1 Answer | Asked in Criminal Law, Immigration Law and Juvenile Law for Oklahoma on
Q: Is the charge “unlawful possession of vapor products” a drug related offense? and if so would it disqualify me from H.R6

I don’t think H.R 6 2021 is a law yet but would it disqualify me? i only had a vape cartridge and got charged with unlawful possession of vapor products because im a juvenile. it might have been thc in the cartridge but they put vapor products so would this mean its a drug related offense or is... View More

Charles Watts
Charles Watts
answered on Mar 20, 2021

The erm "vapor products" shall have the same meaning as provided in the Prevention of Youth Access to Tobacco Act.

Therefore this is the same as possession of tobacco products (ie cigarettes, cigars, etc...)

Failure to pay the fine associated with it results in suspension of DL.

1 Answer | Asked in Family Law, Adoption and Child Custody for Oklahoma on
Q: Can I terminate my son's father's rights and adopt him myself?

My son's father has been convicted on several counts of rape 2, forcible oral sodomy, and manufacturing child pornography. My son is 14 and no longer want's contact with his father. However everything I have read states I have to have a husband to do a step-parent adoption. Is there... View More

Charles Watts
Charles Watts
answered on Mar 20, 2021

There has to be someone to take the place of the parent being terminated. The only way to terminate rights is through an adoption or when DHS takes over to terminate. So in short, until you have been married for a year and have a step-parent adoption he stays on the books as father.

2 Answers | Asked in Family Law and Child Custody for Oklahoma on
Q: We had a hearing for our Ex Parte Custody Order & the Defendant didn't show, the Judge extended it Whats our next step

We don't know if we need to petition something again or have him served with the new court orders?

Charles Watts
Charles Watts
answered on Mar 20, 2021

If the judge extended it then your next step is go to the next hearing date. Not knowing any of your specifics makes it challenging to answer otherwise. As Gary mentioned week a family law attorney for better guidance.

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2 Answers | Asked in Divorce for Oklahoma on
Q: Just now starting divorce process; do we need our own lawyer?

My soon to be ex husband and I are in agreement on everything inside our house as far as who will get what. We have it on paper and are about to have it notarized. However, we just bought this house on 9/30/2020 and he is wanting to stay in the house. I do not mind if he does, I just don’t know... View More

Charles Watts
Charles Watts
answered on Mar 17, 2021

NO, you do not have to each have an attorney. I would recommend having a lawyer represent one of you so that things are drawn up and filed properly. The other party can be pro se (represent themself). The lawyer technically only represents one of you (recommend that be the one filing the... View More

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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Does Oklahoma mandate marital counseling before divorcing with kids? I already took the class for divorcing parents.
Charles Watts
Charles Watts
answered on Mar 16, 2021

No- counseling is not mandated. The only thing that will be required is the co-parenting class. I have seen this class waived for one parent if they are not receiving any visitation, but anyone receiving visitation/custody will have to go to the class.

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1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Does North Dakota calculate mothers income into child support? We have an agreement but i make much less now.

It states that we can’t file to modify until the 18 months is up. That is coming up. She lives in ND and i live in OK. How will support be calculated for 2 children now that i am making less and in a different state?

Charles Watts
Charles Watts
answered on Mar 1, 2021

If your case/order is in North Dakota then you will need to contact a ND licensed atty to assist you.

1 Answer | Asked in Employment Law and Family Law for Oklahoma on
Q: What can I do if my husband is having an affair with a male supervisor that is a county employee for the State of OK?

My husband started an affair with his then supervisor (that’s a male), my husband is also an alcoholic and his supervisor would give him alcohol on company grounds, his supervisor would tell him intimate details about other employees that is a breech of their privacy but, his supervisor used his... View More

Charles Watts
Charles Watts
answered on Feb 22, 2021

You can divorce your husband. Your husband would have to be the one who sues the county.

1 Answer | Asked in Criminal Law for Oklahoma on
Q: If a woman assaults my wife, what am I (a 22 year old male) allowed to do?

My wife (female, 22) almost got assaulted my a neighbor in our apartment complex, and I want to know what I can do in the future if the situation gets worse

Charles Watts
Charles Watts
answered on Feb 22, 2021

Call the police and/or file a vpo - do NOT take anything into your own hands unless there is an imminent threat to life or limb and the police have not arrived (Anytime you take action yourself you are opening yourself up for very expensive litigation and potential criminal issues for yourself)

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: Can I decide two weeks after a domestic violence incident to call the police to press charges
Charles Watts
Charles Watts
answered on Feb 16, 2021

Yes however by waiting that long a lot of physical evidence will be gone and therefore a lot of what the DA would need to prosecute won’t be of record. However, waiting is often common because in domestic issues there is usually an element of fear if they file charges, so it is still worth filing... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Our divorce case was dismissed in Beckham county in December 2019, for failure to prosecute, neither party showed up.

Can I file pro Se and request judge to reinstate divorce without having to repay filing fees?

Charles Watts
Charles Watts
answered on Feb 16, 2021

Generally if the case was truly dismissed then you will have to start the process over with a new filing and everything.

1 Answer | Asked in Family Law for Oklahoma on
Q: How can I prove a common law marriage in OK if we didn't tell his family? Only trusted friends?

He late husband was 30yrs my senior and we knew his estranged family wouldn't approve. We didn't feel the need to tell everyone we came in contact with, only those special to us. We didn't get out much anyway. I have love letters from him and pictures that I think display our... View More

Charles Watts
Charles Watts
answered on Feb 13, 2021

For common law / non-ceremonial marriage it is a fact finding exercise requiring many different aspects and then the burden of proof is on the one claiming the marriage (you in this case). This is something that really you will need an attorney to assist you to put things in order to prove your... View More

1 Answer | Asked in Contracts, Estate Planning, Real Estate Law and Probate for Oklahoma on
Q: sister defrauds my share of late moms house sales (1/3 of40k) sells house without my knowledge

I live in Oklahoma county, oklahoma. I was reading about your personal representative deed. my estranged sister sold my late mothers house without my knowledge or acceptance. I looked up the deed online and it lists a personal representative deed. how is this possible that she was able to sell my... View More

Charles Watts
Charles Watts
answered on Feb 11, 2021

Well first, the house is sold and there is nothing to do about that assuming it was sold to someone not related. As far as your portion of the sale/estate, this would have all been completed during the probate procedure. If your sister did not fulfill her legal obligation then you 'may or... View More

1 Answer | Asked in Real Estate Law for Oklahoma on
Q: Son Died and theres no children and no wifes . No Will. How do I get a lawyer

How do get a lawyer in here ceres California son lived there in poteau Oklahoma

Charles Watts
Charles Watts
answered on Feb 11, 2021

You will need to hire a probate lawyer in Oklahoma to resolve this. His estate will go through intestacy and if there are no spouses not heirs then it looks back to parents. A lawyer in CA will not be able to help you unless they are also licensed in OK.

1 Answer | Asked in Estate Planning and Probate for Oklahoma on
Q: is common law marriage legal in okl? how can i prove common law marriage/meet parameters after death,no will, no kids

my late husband (i guess this term wont hold weight if common law is not recognized in oklahoma) passed 10/10/20. he has no children, no will. his estranged brother is trying to kick me out of house ive shared w over 2yrs. i pay bills. house is worth about 45k. i heard he has been granted head of... View More

Charles Watts
Charles Watts
answered on Feb 11, 2021

Yes non-ceremonial marriage is still a valid marriage in oklahoma. You will need an attorney to prove your claim since his brother is clearing out things.

There is case law where a regular ceremonial wife was removed from an estate because the husband had never divorced the non-ceremonial...
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