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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: My x-wife wants income assignment although I have never missed a support payment in three years....

I live in Missouri and she and my 2 children live in Oklahoma...can she force me to to do this?

Pete David Louden
Pete David Louden
answered on May 14, 2018

If it is an Oklahoma order, if she requests an income assignment the court will order one.

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex-husband & I would like to set-aside our divorce from 7 yrs ago. Can we do that at our local County Court House?

Do we just need to sign a petition? What is the approximate cost?

Richard Winblad
PREMIUM
Richard Winblad
answered on May 9, 2018

If neither of you remarried and the divorce was in Oklahoma it is fairly straight forward. I prepare forms for $250. I believe that most courts will not charge a filing fee. You will need to go to the court that issued the divorce decree even if you live elsewhere now.

1 Answer | Asked in Divorce for Oklahoma on
Q: Is my divorce real and legal?

I never signed anything but name is everywhere as if I filed it. My middle name is spelled wrong, dates are wrong, no judge, no case number. It is notarized. I can not find it on demand records.

Pete David Louden
Pete David Louden
answered on Apr 26, 2018

You need to have an attorney review your document and they will be able to tell you. No way to know without seeing what you are talking about.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: My wife is living with her parents we are legally married her father is a sheriff and she has been comitting adultery

Her parents are accessories to the crime they are allowing her new guy to spend the night while my 2 young children are there as well can this be a criminal case or is it a civil case

Pete David Louden
Pete David Louden
answered on Apr 25, 2018

To clarify your question, are you asking if her parents can be criminally prosecuted because your wife is having an affair or are you asking something different?

2 Answers | Asked in Divorce for Oklahoma on
Q: does my wife get an equal amount of my 401K. I live in Oklahoma

we are amicable and have spilt everything 50/50 on our own. But she is divorcing me because she felt alone. Our jobs kept us apart. no other reason. Is she entitled to an equal share of my 401k. I had $150,000 and she had $95,000 in hers. should she receive ($27,500) to make it 50\50.

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 15, 2018

Oklahoma is not a "Community Property" state. It's an "equitable division of all property" state. You should consult an experienced Family Law Attorney, in your area, for help with this problem. Good luck.

Please visit my website https://www.garyjdean.com and...
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1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: can I file for child support in the future if the divorce papers state we agreed to no child support at this time

my husband filed in Oklahoma for divorce my five yr old son and I live in florida the papers state that 'It is further ordered adjudged and decreed by the court that petitioner and respondent have agreed no child support at this time" In six months from now can I open a child support case

Doak Willis
Doak Willis
answered on Apr 17, 2018

Yes. You may file for a modification of your divorce decree whenever there is a substantial, material and permanent change in conditions.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Could you sue the partner who is having an affair with the married man?

And if the partner is harassing the married women could should she get a restraining order

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 9, 2018

NO, this type of action was abolished in Oklahoma in 1976, see Laws 1976, HB 1672, c. 164, § 2, eff. October 1, 1976, or 76 Oklahoma Statutes § 8.1. Alienation of Affections or Seduction - Civil Action - Abolition

1 Answer | Asked in Divorce, Child Custody, Domestic Violence and Legal Malpractice for Oklahoma on
Q: I feel my judge is being biased.

My wife is currently trying to divorce me. I show up at the courthouse with police records and photos proving I was physically assaulted by her. I also had DHS documents proving that she was considered to be neglectful towards our son. She shows up with nothing but her word and tears and my... View More

Pete David Louden
Pete David Louden
answered on Apr 4, 2018

Did you have an attorney?

2 Answers | Asked in Child Support, Child Custody and Divorce for Oklahoma on
Q: My eX just move out state with our daughter and did not give me a 60 day notice like our divorce pprs say

And I know her to well she will Forge my name to the paper saying she gave me. I didn't find out she really moved till this weekend

Pete David Louden
Pete David Louden
answered on Apr 1, 2018

You need to hire an attorney first thing tomorrow morning to take action to object to the move and cite her for contempt!! Do not delay!

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Married under age, mom signed but did not have custody. Divorced and wanting records expunged. Is this possible?

This was a couple decades ago and my dad had custody of me but my mom signed for me to get married in another state. Can this marriage be completely wiped off the record?? We were split up before I was even 6 months pregnant and only "lived together" for about 3 months. The ex was... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 28, 2018

Sorry, but there are no provisions in law to expunge divorce records.

Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Divorce, Family Law and Small Claims for Oklahoma on
Q: My fiance of 5 years and I split up he took my car because he said if I wasn't going to be with him I couldn't have it

We agreed for my son to take payments over on my car so that my fiance could buy a new truck and camper for work and I would take his old truck. Now that we split up he took the truck back and also kept everything else the house 2 boats camper 2 trucks what legal grounds do I have. He said he felt... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 30, 2018

You should consult an experienced Family Law Attorney, in your area, for help with this problem. There are a lot of factors involved here. Being able to discuss all of them is necessary for the right decision on how to proceed.

Please visit my website https://www.garyjdean.com and...
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1 Answer | Asked in Small Claims, Divorce, Civil Rights and Communications Law for Oklahoma on
Q: Is it invasion of privacy if my mother in law read every text I have ever sent off my phone. And took screenshots to use

Against me for our upcoming court date, I am trying to get a protection order against my husband. And she used a key stroke memorization program to read everything i have ever sent off my phone withought my consent.

Richard Winblad
PREMIUM
Richard Winblad
answered on Apr 2, 2018

Hope this helps, there is probably also a federal statute:

Oklahoma Statutes Citationized

Title 21. Crimes and Punishments

Chapter 70 - Other Offenses Against Property Rights

Oklahoma Computer Crimes Act

Section 1953 - Unlawful Acts - Penalties

Cite...
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1 Answer | Asked in Divorce for Oklahoma on
Q: My wife and i are divorcing after 14 years of marriage. we both worked full-time, do i have to pay spousal support?
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 25, 2018

There are many factors involved in the determination of support. You should immediately see an experienced Family Law Attorney, in your area, for help with this problem and help you with your divorce.

Please visit my website https://www.garyjdean.com and Subscribe for updates on Oklahoma Law.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: Can my ex stop me from being with someone else if going through a divorce??

They already have someone else and is living in the house with our child

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 25, 2018

This is never a good idea for either party

1 Answer | Asked in Divorce for Oklahoma on
Q: My divorce was final February 1, 2018. Do I have to file a joint return or can I file married filing separate?
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 18, 2018

Your choice, either way. File the way best for you, unless your decree provides otherwise.

2 Answers | Asked in Divorce for Oklahoma on
Q: Will DHS have to sign off on my divorce if I receive daycare assistance? Is it necessary for me to hire a lawyer?

Two children, husband will not sign but doesn’t want to return to Oklahoma because of other child support cases.

Pete David Louden
Pete David Louden
answered on Mar 14, 2018

DHS would be a necessary party if you are receiving state assistance. Always best to hire an attorney.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Can I file a quitclam deed before my divorce is final and list myself as a single person?

We have received signed temporary orders and are awaiting the 90 day waiting period to end. My husband is trying to get a home equity loan to divide the house asset per our decree before the divorce is final and his loan officer is asking for me to file a quitclaim deed as a single person before... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 18, 2018

Yes, you are not a single person, unless the deed is DATED after the decree, which it could be. The decree will be included in the abstract of title. The banker is wrong in requesting this. Both should sign the qcd to him.

1 Answer | Asked in Divorce for Oklahoma on
Q: My fiance was granted a divorce 6 months ago. On the Ottawa County records it shows the divorce was granted.

But we can't get a hold of her ex to finish signing off the property stuff. We know where he's at and he's refusing to file the paperwork back to his lawyer and or contact his lawyer . And no one can get ahold of him.Are me and my fiance still able to get married?

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 13, 2018

No, she is divorced. Contact his lawyer in writing to get the "Decree of Dissolution" filed. Keep a copy.

If that doesn't work, write the judge, detailing your contact with the lawyer, and his response, if any. Good luck.

1 Answer | Asked in Divorce for Oklahoma on
Q: my wife lives with a other man with my children in Oklahoma that a adultery and a felony what can I do
Pete David Louden
Pete David Louden
answered on Mar 12, 2018

You can file for a divorce and if it is in the best interest if the children, you could ask for custody.

1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: DHS is telling me my child's support will be figured on an average of my income and the other custodial parent's???????

My ex-husband had another child and has since divorced again. Why would his ex wife's income be relevant to the appropriate support my child should receive? Is this a state law on how to calculate child support in Oklahoma?

Pete David Louden
Pete David Louden
answered on Mar 11, 2018

The income of his ex wife is not used to calculate support. However, if he pays support in another case that can be a factor. Do not attempt to represent yourself. Hire an attorney asap!

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