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Questions Answered by Evan Humphreys
1 Answer | Asked in Divorce for Oklahoma on
Q: What is the proper procedure for changing my last name to something different after divorce?

When I got married, I planned on changing my last name to my husband's, even signing my name as such on the marriage license immediately after the wedding ceremony. But things were off to such a horrible start that I was already considering annulling the marriage within a week after getting... Read more »

Evan Humphreys
Evan Humphreys
answered on Apr 11, 2022

The law allows you to go back to any former name when the divorce is granted. So if you have a previous married name, you can return to that name. If you have no former name other than your maiden name, you can still change your name to anything by filing a name change case. Basically, you say... Read more »

2 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: On the divorce decree it states my ex can claim our daughter until no longer eligible. (Very loose language) however,

I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.

Evan Humphreys
Evan Humphreys
answered on Mar 18, 2022

It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in... Read more »

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1 Answer | Asked in Family Law and Juvenile Law for Oklahoma on
Q: I want to get emancipated and I'm not sure of the process. How can I get emancipated without parent consent in Oklahoma?

I'm 16, I'm transgender (trans masc enby) and my parents are threatening to kick me out because of it. It's taking a toll on my mental health and I feel I would be better off living on my own as a legal adult. I want to be able to be myself, get my mental health in order, and keep a... Read more »

Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

I'm so sorry to hear about your situation. Emancipating is a difficult process and one that is not often used. It requires a "next friend" (an adult who will not work against your interests) to file a petition in court and give notice to your parents. The judge will decide at a... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I want to know if guests get tenant rights after 30 days in Oklahoma. For example, in CA guests get tenant rights.
Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

Oklahoma law only protects a tenant, who is defined as "any person entitled under a rental agreement to occupy a dwelling unit." Presumably a guest is a temporary occupant and not entitled to live there under a rental agreement. The bottom line is that there is no minimum time that has to... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: Can a landlord send an eviction notice to tenant by email
Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

While the notice to terminate a tenancy must be in writing, the law does not state a specific form for this written notice. These laws were created before email was invented and the term "writing" is not defined in them. However, it is possible that email notice is sufficient. The best... Read more »

1 Answer | Asked in Landlord - Tenant for Oklahoma on
Q: I'm renting a residence that I've occupied for 2 to 3 years ,rents paid up to this month and my landlord passed away.

Wife sells and she has water meter pulled. Doesn't explain why ect. I have health issues and not behind on rent. But withholding this month rent. Verbal contract I had with her husband that passed on. And she was mailed my deposit in my name from the water company. The new landlord has made no... Read more »

Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

Unfortunately, you have a difficult situation with no immediately clear answer. To see if the verbal lease survived the landlord's death, you should contact an attorney in your area or your local low-income legal services provider. You can find such providers here: https://oklegalconnect.org/#/login

1 Answer | Asked in Domestic Violence for Oklahoma on
Q: If I am a victim of domestic abuse and have been subpoenaed can I plead the 5th when asked to testify?
Evan Humphreys
Evan Humphreys
answered on Mar 16, 2022

If you are asked a question and you believe the answer would implicate you in a crime, you can plead the Fifth. Unfortunately, however, victims of domestic abuse have no blanket right to refuse to answer questions when they have been subpoenaed. The Oklahoma Constitution and the Oklahoma... Read more »

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