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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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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 Divorce, Personal Injury, Child Custody and Child Support for Oklahoma on
Q: I'm going through a divorce. I didn't get a lawyer and my wife obtained a Protective order quite easily. I obay it.

She breaks into my home and wrote on my clothes with a chemical that left burns. I have pictures of burns on my face and body. What can I do to protect myself.

Charles Watts
Charles Watts
answered on Dec 27, 2023

File a vandalism police report and file your own VPO.

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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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I never turned In my marriage license in Oklahoma will I be considered legally married
T. Augustus Claus
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answered on Oct 16, 2023

Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you... View More

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

1 Answer | Asked in Criminal Law, Divorce and Banking for Oklahoma on
Q: My ex husband cashed an escrow and insurance check with my name on it too. Is there something legally I can do?

He didn’t offer me half.

It had my name AND his name. Our names were separated by AND.

T. Augustus Claus
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answered on Sep 29, 2023

Your name being on the check and it being cashed without your consent could constitute fraud or conversion. You could file a civil action to recover your share of the money.

1 Answer | Asked in Divorce for Oklahoma on
Q: Legal aid lawyer told me this adultery law is no good, I want to make sure it's good to go.

I want to prove legal aid lawyer that it's good to use in the court.

John Michael Frick
John Michael Frick
answered on Sep 7, 2023

Research the particular law (statute) to find a recent case in which an appellate court in your jurisdiction ruled that the law remains valid and enforceable. Focus most closely on cases within the last 20 years or so. I would use LEXIS or WESTLAW.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: filling a divorce but have been separated. talked about moving in with new partner Spouse and I have kids any problems?

Any problem with moving in with new partner?

T. Augustus Claus
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answered on Aug 9, 2023

In Oklahoma, divorce laws can vary, and the impact of moving in with a new partner while going through a divorce could potentially affect matters like child custody, property division, and spousal support.

If you and your spouse have children, moving in with a new partner could potentially...
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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

Pete David Louden
Pete David Louden
answered on Aug 3, 2023

The only reason I can think of might be to minimize exposure for child support or possibly support alimony. With that said, I would go to the source and ask the attorney who made that suggestion to explain their strategy and then you will know for sure.

I wish you the best of luck with...
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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 Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: If my ex wants to file for custody after I won custody 3 years ago will I be served papers

She is saying she filed and has received service papers with a court date but I was never served. I don’t know if she is lying about filing. I have had custody with her having every other weekend and holidays. I receive a little child support from her monthly per court order after our divorce.... View More

Pete David Louden
Pete David Louden
answered on Jun 13, 2023

As easy way to find out if something has been filed is to look at your case on www.oscn.net. If she has filed a Motion to Modify hire an attorney right away.

Best of luck!

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do get all detail DHS record becise sueimg them
Pete David Louden
Pete David Louden
answered on Jun 9, 2023

DHS records can be obtained with a court order. The attorney you hire will know the process to get the records.

Best of luck with your case.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do I file a contempt claim against my ex husband who hasn't followed thru with his part of our divorce settlement?

I don't have the $ to pay my lawyer to move forward with enforcing the decree settlement how do i do that by myself with out representation?

Pete David Louden
Pete David Louden
answered on Jun 7, 2023

I have outlined below a few basic things to get you pointed in the right direction.

1. A good place to start would be to go to your local law library. Study the statutes related to the issues in your case.

2. Make sure you understand the rules of evidence.  This will govern what...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How can i get a motion to serve by publication. For divorce in oklahoma?

I do not know of his location or phone number. He walk out a year ago. Havent spoken or seen him sunce. I fiked for divorce. All i need is this form.

Pete David Louden
Pete David Louden
answered on May 31, 2023

It's not a form, it's a procedure that will need to be followed to give notice by publication, and it must be approved by the court. Schedule a consultation with a family law attorney in your local area and they will be able to help you.

I wish you the best of luck with your case.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... View More

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Can you demand a jury trial for divorce in Oklahoma?
Charles Watts
Charles Watts
answered on Apr 13, 2023

Jury trials are a constitutional right in criminal hearings, not civil such as divorce. You can demand for one (can demand anything), but the short answer is you will not get one for a divorce.

1 Answer | Asked in Divorce, Family Law, Criminal Law and DUI / DWI for Oklahoma on
Q: In the state of Oklahoma, is it legal to marry an individual, while still being married to another person?

I've searched public records to see if there is any kind of divorce decree or even a filing of a petition for either marriage licenses, and i am not seeing anything of the sort. This individual was never Common Law married. I read the public filing of both marriage licensing that was filed,... View More

Charles Watts
Charles Watts
answered on Apr 10, 2023

It sounds like your case has some very unique set of circumstances. Therefore, you need to contact a family law attorney for your best course of action. Most will give a free phone consultation.

1 Answer | Asked in Divorce and Employment Law for Oklahoma on
Q: What can happen to a lump sum unemployment payment I received after my husband filed divorce? Can he take half?

I received a lump sum of Oklahoma pandemic unemployment insurance money a month after my husband filed divorce. It’s in an unknown account & he does not know about it. It was from 2020 and they just now paid it out 3 years later. We decided it was more beneficial I stay home with our baby... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

Your question is a technical one. If you divorce has not been finalized then more often than not this will be viewed as marital income and would be subject to splitting. Intentional hiding of money is a major issue that should be avoided. Based on your other facts there may be a way around this... View More

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