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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: married 15 years, My husband left for 14 years. Can he take half of what I have in a divorce?

Married in 2002, he left me two months later. I did a do it your self divorce. But it was dismissed because he never return the divorce papers. Can he take half of what I own in a divorce. He never supported me in 15 years.

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

No he can't. If you file again, he needs to be served by Sheriff, that way he doesn't have to sign anything. Be sure to indicate in your Petition when you separated.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Is there a standard law in Oklahoma with child custody that states that each parent cannot have a bf/gf stay the night?

My stepdaughters mother is saying she is going to move in with her boyfriend. We have heard that its standard law that there cant be overnight stays with anyone romantically involved unless you are married. Is this true?

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

No state law or standard on this, and a lot depends on the attitude of the judge hearing your case. You should consult an experienced Family Law attorney for help .

Please visit my website at https://GaryJDean.com, and Subscribe on Home Page, to get law updates. Thanks

1 Answer | Asked in Estate Planning, Divorce and Real Estate Law for Oklahoma on
Q: I live in oklahoma and need to know if I can put my marital home up for sale without my husbands (soon to be ex) consent

we have been separated since April and I can not afford to file divorce yet. He is currently 3 months behind on house payments and my credit union advised me yesterday they can reposes my car because he is behind. I need to know if i can post it for sale right now before it is foreclosed?

Ben F Meek III
Ben F Meek III
answered on Aug 3, 2017

You could sell your interest in it, if you could find a buyer (you can't) but if both of you are on the title, both of you will have to consent to a sale. If he's not living there and doesn't want to make the payments, maybe he will participate. The mortgage will have to be paid from... View More

1 Answer | Asked in Divorce, Family Law and Juvenile Law for Oklahoma on
Q: I am 17 and live in Oklahoma. I'm looking to marry my boyfriend, I want to know if my dad can consent

My mother has sole custody and will not consent to this, but can my dad consent?

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

You are a bit young for a lifetime commitment to another person. What about more education? Can your bf fully support both you and a child that is sure to come soon? How old is he? What kind of employment can he expect with his education? Federal law requires that you both have health insurance, do... View More

1 Answer | Asked in Divorce and Child Custody for Oklahoma on
Q: What happens to a vehicle that is in my name And Loan is in my name ?

My wife and I are going through a divorce we have 2 Vehicles. We have a 2002 Kia Sportage. And then we have a 2013 Kia Rio . The 2013 vehicle is only in my name and the lone is only in my name I have been the one making the payments on it. The 2002 sportage is in both of our names under or so... View More

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

There is nothing the divorce court can do to take your name off of the loan papers. The court will decide who gets vehicles, and who pays what, unless you both agree on this.

There are several ways to help protect you financially on this. You should consult an experienced Family Law...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Can I appeal the courts decision based on the guardian ad litem not communicating with the children's counselor?

I voiced concerns to my attorney about the gal after our first trial and again before our second one. I wanted the gal to speak to the kids counselor and she didn't but made a recommendation that nothing change in our current visitation. When I told the counselor the gal's recommendation... View More

Pete David Louden
Pete David Louden
answered on Jul 28, 2017

You have the right to appeal a trial decision if you believe there has been a legal error. There is a limited window of time to file an appeal. If this is something you want to pursue, consult with an attorney that handles appeals asap!

1 Answer | Asked in Divorce for Oklahoma on
Q: Does the divorce code for an at-fault divorce due to "drunkenness" also apply to habitual illegal substance abuse?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 24, 2017

Although at the time this statute was drafted substance abuse was not an issue, I believe the courts today would permit this.

1 Answer | Asked in Divorce for Oklahoma on
Q: Alimony for a stay at home mother whose husband works fulltime at $14 hr?

Married 3 yrs been together 6 yrs. Should I ask for alimony?

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.

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

1 Answer | Asked in Banking, Child Support and Divorce for Oklahoma on
Q: Joint banking account debt mid divorce

My girlfriends ex's child support came out of their account before the divorce was final and she could take her name off of the account and it is negative over a thousand dollars. He is incarcerated and his mother doesn't have power of attorney yet (their attorney is dragging her feet and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 19, 2017

The bank overdraft is the JOINT Responsibilty of both parties. The divorce could order him to pay, or hold her harmless, but if he is long term incarcerated, the bank may come after her.

Nothing prevents opening a new account now. She should have her own attorney in the divorce. She...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Ex wife got 2012 Fusion in divorce. Hasn't made payment since October 2016. Any way to get the car or my name off title?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 24, 2017

You should contact the lien holder about rape of the car, and possibly buy it at repo sale.

Also, you could cite her for contempt to try to get her to either pay, or refinance. This should be first choice.

1 Answer | Asked in Divorce for Oklahoma on
Q: My brothers marriage ended in court on the 6th of march 2017 by 6th of September, can he remarry in September to anothe.

September 6th will make it 6 month after d dissolution of marriage In court. Can he remarry another person on the 20th of September.

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

Yes. Good luck to him this time.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Can changes be made to a court minute before the final court date?

We had an emergency mediation and I was basically ambushed to agree to some terms I wasn't happy with and now my attorney has withdrawn from me because I refused to agree, especially visitation plan and child support they came up with for my two daughters. 233 a month total and me still pay... View More

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

You need to consult an experienced family law attorney for help. If you don't like what your current lawyer has done, and he won't help further, pay his bill and find another.

Please visit my website, www.garyjdean.com, and sign up on the home page for email updates on Oklahoma Law.

Good Luck!

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: My parents have joint custody over me. We went to court 5 1/2 years ago. Is it possible I could choose who to live with?

I am 14, almost 15 in December. My brother is almost 12, and he has the same joint custody times as I do. Our mom is not really a fit parent anymore. For the past few years she has been depressed. Always screaming at us or complaining about how stuff isn't fair. She is paid by the government... View More

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

Best bet is to get mom to agree to the change, then have lawyer draw up paperwork, which shouldn't cost much.

Oklahoma law says both you and your brother may express a preference to custody, and judge should follow unless good reason not to. This shouldn't cost to much to get done.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: If I went to mediation for child custody/ divorce changed my mind and don't agree.

If I went to mediation for a child custody case/ divorce, and I have now changed my mind and don't agree, can it be changed before the final order is put into place?

Pete David Louden
Pete David Louden
answered on Jun 29, 2017

This would really depend on the reason and specific facts of your case. Contact an attorney to review this matter and once all of the details are know they will be able to let you know your options.

1 Answer | Asked in Divorce, Child Custody and Child Support for Oklahoma on
Q: Hi I have been going through a divorce and custody battle since February and I can't afford a lawyer any more

I've tried legal aid but I have court soon I need one quick

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 28, 2017

Call the Oklahoma Bar Association. They have a program to refer you to a lawyer at low cost for a 1 hour conference.

Take all of your paperwork, and the lawyer can help you get ready for trial. Good Luck!

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: If discovery is not returned in time are there any consequences?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 1, 2017

It depends on the type of discovery. If you were served with requests for admissions, if unanswered the questions are deemed admitted.

Your best bet is to contact the attorney serving discovery, and request an extension. You can also request the court permit filing out of time.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I get my ex out of my house? Per Decree, was supposed to last weekend, divorce finalized. refusing to move

was given 6 months to find a place, per decree was last weekend. Has not even packed a box. Trying to find the "right" and legal way to accomplish this. We have one kid together who is 14.

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

If you have an order stating the other person is to move and they have not moved per the order, you should hire an attorney to help you with contempt proceedings.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: Can you withdraw your divorce case in Oklahoma?

If you are to the point of going to mediation/setting a trial date for your divorce, are you able to withdraw your case? If so how does it work?

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

You can dismiss a case. You should hire an attorney to assist you with the proper documents and procedure.

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Went to mediation during divorce proceedings for child custody but didn't sign/agree on anything. Do I go off of temp?

We didn't sign an agreement because I don't agree! The court date we had got stricken. So does this mean our temporary order is still in affect? Or is everything null and void all together?

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

Your temporary order is still in effect unless/until there is a new order.

1 Answer | Asked in Divorce for Oklahoma on
Q: During my marriage we purchased a home The home is not n my name n anyway and forclosing will i be stuck with half debt?

I havent lived in the home since 2013. I have been a homemaker and my x makes about 60k a year. I also have our child, student loans, and the car debt. Im trying to get back on my feet .

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.

But generally, if you did not sign the note, you're not liable.

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