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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Probate, Divorce and Real Estate Law for Oklahoma on
Q: Ex spouse awarded residence Grandma left us as joint tenants. Will in probate. Quit claim to property w/o title legal?

Girlfriend and I moved in with my Grandma to care for her in 2013. We got married and grandma changed will naming us as joint tenants. Grandma died in 2015. Ex filed for divorce 2017. Can Judge award her my grandma's home forcing me to quit claim for property still in probate that title to is... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 17, 2017

The property will be awarded to both of you. You might try to get the house sold in the probate court. Generally the house would be considered the separate property of each of you in the divorce. You should consult an experienced probate and family law attorney, for help with this problem ASAP.... View More

1 Answer | Asked in Child Custody, Divorce, Family Law and Military Law for Oklahoma on
Q: Military Dad ask mom to sign custody so he can receive financial benefits of BAH money. Can mom restore custody back?

Kids have always resided with mom. Mom brought kids for a visit and Dad presented document to the police who then escorted Mom away. Mom wants to know how to get children back physically. Dad will not allow kids to see Mom or any of her family. He has isolated the children, re-married, and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 15, 2017

So much for trusting a guy who was trying to defraud the government! She will need to hire a lawyer, and file a Motion to Modify. Also probably write the Commanding Officer of his base and share all the details. Good luck.

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2 Answers | Asked in Divorce and Child Support for Oklahoma on
Q: My child support was up'd d/t my ex having more children with another man

My divorce drug on for 2 years because my ex became back to back pregnant with another mans children and we could not be granted divorce while she was pregnant. I did dna test, they were not mine. Then she used them to decrease her income. Why would my child support have to substitute her because... View More

Pete David Louden
Pete David Louden
answered on Dec 11, 2017

The law provides credit for other in home children in some circumstances. Without looking at your case, there would be no way to know if this was properly applied in your case. If you did not have an attorney, you should have an attorney review your case in detail asap!!

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1 Answer | Asked in Divorce for Oklahoma on
Q: Tried to have ex served certified mail, FedEx, and process server but it seems she is dodging it what can he do

My friend paid and filed for his divorce in Altus Oklahoma on his own without an attorney cause that's all he could afford, he's tried to have her served in Florida through certified mail it was never claimed and was returned, she then gave him a different address so he sent a FedEx but... View More

Pete David Louden
Pete David Louden
answered on Dec 8, 2017

Sounds like he needs an attorney. His best bet will be to get help from an experienced divorce attorney.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: My mom and step-dad got divorced I think two years ago. I have three younger siblings, two of them are 18 and one is 16.

They get to choose where they want to live cause there dad has stated that they can, my mom travels a lot. I am 24 am I allowed to be there caretaker during the time my mom is out of town?

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 2, 2017

Unless you have something bad in your background, there should be no reason why you can't help your mom care for younger family members.

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

1 Answer | Asked in Divorce for Oklahoma on
Q: What do I need to do about finishing filing for my divorce my husband is locked up I do have the papers started

I do have the papers I can't afford the court fee 243.00 which I do not have at this moment please help me

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 29, 2017

You can file without paying court costs by going the the judge with a request to file without costs by filing a "Paupers Affidavit". Most judges will help you prepare the form. Good Luck.

1 Answer | Asked in Divorce for Oklahoma on
Q: Can an inmate sell a vehicle to another inmate for a dollar

My soon to be ex husband is in prison and he sold all the vehicles to his cousin who is in prison with him for a dollar so I wouldn't be able to get them in the divorce

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 26, 2017

Not unless he has the certificate of titles to the vehicles, and if so, then it would be difficult. This could be set aside by the court as a fraudulent act.

You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Can my husband force me to give him overnights with our infant?

My husband and I have been separated since May. I just gave birth at the end of October, he wants a divorce with 50/50 custody to include overnight stays and without child support even though she's exclusively breastfed and he's been spending progressively less time with her over the... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 24, 2017

No, your husband can't force you to give overnights, or even 50% custody, and he WILL be required to pay child support.

You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. Good luck.

Please visit my website...
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1 Answer | Asked in Divorce for Oklahoma on
Q: My husband & I want a divorce but still live as roommates. Can we get a divorce while still living together?

On the petition for divorce I am trying to fill in myself there is a clause that says, "Petitioner & Respondent separated on ___day of ___, 20___ and from that date up to the present, Petitioner and Respondent have lived separate and apart without any cohabitation."

Is there... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 14, 2017

That's the problem with "Divorce Kit" forms. This paragraph is not necessary.

2 Answers | Asked in Divorce, Family Law, Civil Litigation and Civil Rights for Oklahoma on
Q: Can school prevent a father w/ Joint custody from seeing his daughter just because the ex-wife won't add him as contact?

I have joint custody w/ my 12 year old daughter. Her mother is the Custodial w/ final decision making authority.Her mother enrolled her in Lake Hefner school without me being listed as a Contact and did so without providing the school her Birth certificate to prove she is her mother. I am my... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 11, 2017

You have a right to all of her school records as a start. The statute follows. You need to take this, together with a copy of your divorce papers to the school, and discuss the matter again.

http://www.oscn.net/applications/oscn/deliverdocument.asp?id=455289&hits=

Please...
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1 Answer | Asked in Divorce for Oklahoma on
Q: I noticed on OSCN that I inadvertently waived my right to a Jury Trial 10 days ago. How many days do I have to fix this?

I was never informed by my attorney about this nor the Judge either. I didn't sign anything either. It is just circled on the arraignment minutes document. The Judge is Biased as hell too so I feel I need this in order to have a shot at winning.

Pete David Louden
Pete David Louden
answered on Nov 10, 2017

Contact your attorney asap.

1 Answer | Asked in Divorce for Oklahoma on
Q: Im getting a divorce from my wife. We have been married just under 5 years. We have been separated the past 1.5 years

I am a retired Army Officer and a current teacher. My wife was a teachers assistant when we married and still has the same job. We have no children together. Is it likely that I will be paying alimony?

Pete David Louden
Pete David Louden
answered on Nov 10, 2017

Its not possible to give you an accurate answer based on the limited information provided. To get a reliable answer you will need to schedule a consultation with an attorney so they can review your case in detail.

2 Answers | Asked in Divorce for Oklahoma on
Q: What happens if You don’t pay your court reporter fees after a divorce deposition?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 8, 2017

I can't really answer without more details. Is this for a trial transcript on appeal? If so the Court Reporter is not required to file the transcript until paid, and you appeal can be dismissed. If the transcript has been made by Order of the Court, you could be held in contempt, and finally,... View More

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1 Answer | Asked in Divorce for Oklahoma on
Q: Can a man and his pregnant girlfriend move in together after his divorce is final or do they have to wait 6 months?
Gary Johnston Dean
Gary Johnston Dean
answered on Nov 8, 2017

YES, they can move in together after his divorce. The divorce Decree only prohibited RE-Marriage to a third party (IN OKLAHOMA) for 6 months. Many couples under these circumstances go out of state and marry.

Please visit my website, https://www.garyjdean.com and "Subscribe" at...
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2 Answers | Asked in Divorce for Oklahoma on
Q: Does my husband has the right to divorce if I don't want to?

We got married in Arkansas

Pete David Louden
Pete David Louden
answered on Nov 7, 2017

Yes

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Relocation when your child turns 12

I have joint custody of my kids. When they turn 12 and if they want to live with their father, am I able to relocate more than 75 miles away. They have expressed they want to live with him when they turn 12. My husband and I are planning on moving more than 75 miles away if they do decide they want... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 7, 2017

If you plan to relocate, you must give proper notice to your Ex. This applies to BOTH parties.

At age 12, children are permitted to express their desires as to custody, but the Judge is not required to follow it. Of course there must be a pending action for this. I hope this answers your...
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2 Answers | Asked in Divorce for Oklahoma on
Q: Can my mom accept my divorce papers even if i dont live there

I had been visiting her and other family and then got notified county sheriff had been there and delivered papers

Pete David Louden
Pete David Louden
answered on Nov 6, 2017

If they have filed a return of service you need to hire an attorney asap! Failure to act could result in a default judgement which you may or may not be able to correct layer.

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1 Answer | Asked in Bankruptcy, Divorce and Family Law for Oklahoma on
Q: Can I file bankruptcy on a Court Order/Judgement that says I am to pay ex's $10-$15K attorney fees if I lose in court?

If people CAN discharge attorney fees in a bankruptcy and assuming you where my ex's attorney and found out that I may do that, would you still want to take this case to trial or attempt to settle it asap since you may not get paid even if you won.

If you say NO that you would not want... View More

Pete David Louden
Pete David Louden
answered on Nov 5, 2017

Attorney fees may or may not be discharged, it depends on several factors. Much better move is hire an attorney so that you don't lose the case to start with and avoid this issue.

3 Answers | Asked in Divorce for Oklahoma on
Q: In the state of Oklahoma during my divorce how can I figure out who the other lawyer is ?

He's trying to serve me papers and I'm trying to figure out who his attorney is so I can get the papers an sign them

Pete David Louden
Pete David Louden
answered on Nov 3, 2017

Hire an attorney and they can accept service of the documents for you and then let you know what you need to do next.

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