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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Adoption, Child Custody, Divorce and Juvenile Law for Oklahoma on
Q: Im 15 if my parents split up can i choose to live with my girlfriend legally
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2017

Nope, who you live with will be a decision made by the Judge in their divorce case.

You do have the right to tell the Judge which PARENT you want to live with though, but GF is not an option.

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

1 Answer | Asked in Divorce, Civil Rights, Gov & Administrative Law and Municipal Law for Oklahoma on
Q: what legal right does a judge have in ordering I can't do? like i am not allowed to drive my kids due to a wreck.

the wreck was an accident and no laws were broken.. there is so many more instances and would like to know how much power the have..

Pete David Louden
Pete David Louden
answered on Oct 27, 2017

The court has the power to make orders that the court determines to be in the best interest of the children. Best bet is get an attorney if you don't already have one.

1 Answer | Asked in Divorce for Oklahoma on
Q: I'm needing to find out the best and fastest way to get a divorce

We married on sept. 9th of this year. He's incarcerated in colorado and I live in oklahoma. He was incarcerated when we met. There's no children involved. I'm wanting to put this behind me asap.

Gary Johnston Dean
Gary Johnston Dean
answered on Nov 8, 2017

You should hire an EXPERIENCED Family Law Attorney to help you get this done quickly. IF you and your husband can agree to terms, and he is willing to sign a Waiver of Summons and Waive time within which to plead. Under the circumstances, it MAY be possible to secure an annulment rather than a... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: The decree says “The Petitioner shall pay to the Respondent alimony in lieu of property settlement in the amount of ***

Paid in 2 payment. Nowhere does it say this is NOT considered support alimony. Is this deductible? IRS only states basically it needs to be stated as not alimony therefore not deductible but not clear. Deductible or not?

Pete David Louden
Pete David Louden
answered on Oct 14, 2017

Not.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: My H let me to move to OK with our son for me to get a job and finish school. If we divorce can he force me back to TX?

We were both aware that it was a separation and that I was leaving so I could stay with family, get a job, and go back to school. I was a stay at home mom, and had no immediate way to support myself or my son, and no family in TX. I did tell him when I finished school I would go back, but he is... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 12, 2017

No, he can't force you to return to Texas, thank goodness, I'm a Boomer Sooner fan, and this is the big weekend for us. If you rely on him for financial support, he could attempt to force you to return by stopping it.

If you've been a resident of Oklahoma for 6 months...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: If my divorce papers don't say anything about having people over at my house is there anything my ex can say?

Nothing in my divorce papers that say my child can't be around my live in girlfriend so does the ex have any say in who is around or at my house?

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

Some decrees will have language that prohibits this. If not covered in your decree and mother has an issue with this, bottom line is it will boil down to if the court thinks it's in the child's best interest and this will depend on many factors. Schedule a consultation with an attorney... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Does my Indian card cover my obligation to carry medical insurance on the kids according to the divorce decree?

My divorce decree states I have to carry health insurance on the kids but we all have Indian cards and can get free healthcare.

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

Generally tribal health care meets the requirement, if the children live near a clinic where services are provided.

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

2 Answers | Asked in Divorce for Oklahoma on
Q: Can a divorce decree be modified to require an ex to refinance home to remove my name?

The house was awarded to the ex, and the deed was signed over. But the mortgage is still solely in my name. I cannot finance another property because the ex has not refinanced and the decree doesn't state that the ex has to. How can I get this modified?

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

Property and debt orders are not subject to modification.

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2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: Can I have a boyfriend during a divorce? It's a sticky situation and my ex could be looking at jail time...

Basically, my ex has done some pretty awful things, I'm talking child porn awful.... Molested my little cousin awful.... We've been split for a few months and currently I have a PO against him for the safety of my children. I've recently met someone new and we've developed... View More

Jason Perkins
Jason Perkins
answered on Nov 5, 2017

You are allowed to have a boyfriend during a divorce. With the facts you presented I would certainly recommend that you hire an attorney. It would not be the best idea to live together during this time and sometimes the judge will even issue a court order saying you cannot.

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1 Answer | Asked in Divorce for Oklahoma on
Q: How do you modify a divorce decree from a waiting period of 6 months to 30 days to re marry?

Im getting an uncontest divorce with my soon to be exhusband. We have been seperated for almost 3 years. Ive been trying to get him to divorce me for that long and finaly he is. Im engaged to another man and we have our wedding set for Novmeber 2017. How do I modify my divorce decree from a waiting... View More

Pete David Louden
Pete David Louden
answered on Sep 21, 2017

Six months is the law.

2 Answers | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Q: What do I do after a default decree was vacated and the respondent is not participating in legal proceedings?

I was granted a default dissolution of marriage after my ex failed to show to any court hearings....He decided to hire an attorney to vacate the decree...which was granted on the pleadings. Meaning we did not have to show up to court, the judge just ruled in his favor. My ex has not paid a dime in... View More

Jason Perkins
Jason Perkins
answered on Nov 6, 2017

If you already have a lawyer you must go through them for legal advice.

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2 Answers | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Q: What do I do after a default decree was vacated and the respondent is not participating in legal proceedings?

I was granted a default dissolution of marriage after my ex failed to show to any court hearings....He decided to hire an attorney to vacate the decree...which was granted on the pleadings. Meaning we did not have to show up to court, the judge just ruled in his favor. My ex has not paid a dime in... View More

Pete David Louden
Pete David Louden
answered on Sep 12, 2017

You need to hire an attorney.

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: If u hv a child in DHS custody shld u wait to file a divorce until after TPR?/\

I'm trying to help my brother file divorce papers. They have one child currently in DHS custody, the child has been since birth (9/16/16) the worker plans to file TPR on on 9/27/17. Neither parent has worked their plan or changed anything to get the child in their home. Should he wait until... View More

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

If your question is not resolved by now, please ask it again. I'm sorry I didn't see it earlier.

1 Answer | Asked in Divorce for Oklahoma on
Q: My wife and I have agreed to get a divorce.I am purchasing a piece of property. Can I keep her from getting half?
Pete David Louden
Pete David Louden
answered on Aug 31, 2017

Property acquired during your marriage and before separation is marital property subject to an equitable division. Hire an attorney to protect your interests!

1 Answer | Asked in Divorce for Oklahoma on
Q: Should i get a divorce, if I am commonlaw married? Yes we have done our taxes together. no children.

No property in both of our names.

Jason Perkins
Jason Perkins
answered on Nov 6, 2017

You should consult with an attorney on whether you are common law married. If you are common law married though you must file for a divorce.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Is it normal to take a deposition even if discovery has been done?
Gary Johnston Dean
Gary Johnston Dean
answered on Sep 5, 2017

Depositions are a part of discovery. After the date for discovery is closed by an order of the court, permission of the court should be received for another deposition, UNLESS the attorneys have agreed to take it.

Please visit my website, www.garyjdean.com, and sign up at the bottom of the...
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1 Answer | Asked in Divorce for Oklahoma on
Q: This is the second question I had regarding the first inquiry.

The husband lives in Oklahoma where it's now required by law to have parenting classes to divorce in a no fault divorce. But his wife lives in Arkansas where they don't make divorcing couples take these classes so is there anyway for these classes to be waived since both parties have been... View More

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

I'm sorry I didn't see your question earlier. I hope by now it has been resolved. If not, please ask it again.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Ok I several questions pertaining to a divorce that will be uncontested as both parties are in agreement with all issues

Both parties have been living apart for several years over 6 or 7 years. There is already a child support order in effect in the state of Arkansas when the mother lives there is no propert or bank accounts that are jointly owned and all personal property had been given to both parties there never... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Feb 14, 2018

Sorry I didn't see your question earlier. Probably the fastest way for a divorce would be to file in the Arkansas case, and ask for a divorce there. Or in the alternative, see a lawyer in your county in Oklahoma about filing here.

1 Answer | Asked in Divorce for Oklahoma on
Q: When served divorce papers in OK, am I allowed to VISIT another state before the divorce is finalized?

3 minor children

Jason Perkins
Jason Perkins
answered on Nov 6, 2017

Yes

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