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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: brother has split custody of his kids,when she has them she leaves them overnight with boyfriends,daycare. What canwe do

She won't answer his phone calls when she has them. Also she tells them that their daddy lies to them. She is always seeing different men.

Pete David Louden
Pete David Louden
answered on Jun 22, 2017

This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: In my papers it states I pay anything in excess of $500 for air conditioner repair does that mean she pays first $500?

I have had her air conditioner services twice now and she refuses to pay the bill, I just want to make sure she is responsible for the first $500 and I pay after that

Pete David Louden
Pete David Louden
answered on Jun 22, 2017

If there is a court order that outlines each person's responsibility concerning the AC, you would be responsible for whatever portion that is stated in the order.

1 Answer | Asked in Divorce for Oklahoma on
Q: I'm leaving my husband. Can I be taken off his insurance?

I don't want to be on his insurance, if I'm the one leaving I shouldn't be his responsibility, and the insurance company is saying legally he can't take me off. Which is bullshit, it's his money why the hell cant he decide to stop paying them?

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 Divorce for Oklahoma on
Q: Do I have to wait the 6 month period to move out of state once divorced?

No minor children involved

Pete David Louden
Pete David Louden
answered on Jun 20, 2017

The six month rule applies to getting remarried. You can not marry again , accept the same person, for six months.

1 Answer | Asked in Divorce for Oklahoma on
Q: I have been stuck "waiting" on DHS to approve terms in my divorce. It's been 4 months. What can I do?

My divorce has taken 2+ years, mostly due to slow system or overly busy lawyer. I am very tired of waiting and paying so much. My husband and I totally agree to all terms, is there something we can do to move it to final decision? We both want to move on from this.

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 Divorce for Oklahoma on
Q: I married a man in 2001. We only lived together 3 months before separating. We are still legally married.

He lives in Oklahoma. I live in Alabama. He sold mineral rights on land he owned before the marriage. Am i entitled to an equitable payment? I am disabled and need a car.

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

Hello:

Separate property is property owned prior to the marriage, acquired by gift or inheritance, or property acquired after the separation. Separate property is not subject to an equitable division. However, under some circumstances, separate property can become marital property...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Do I need a lawyer to get a divorce?

My husband and I have been living separately for 4 years now. We both agreed on a divorce a long time ago but didn't see the need for a divorce until recently. We don't have any property, money or other things to divide. We have 3 kids and they've always lived with me and... View More

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

Hello:

There is no law that says you must hire an attorney, but unless you have formal training in the law, it is never a good idea to attempt to represent yourself. Even when a lawyer has a personal legal issue, most will get another attorney to help them rather than try to represent...
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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Oklahoma on
Q: How can my husband get visitation rights and not supervised visitation on his son? The ex wife is not coroperating.

Supervised visitation at her house on her time. Won't call or text back. Child doesn't have fathers last name. Yes the child doesn't know his dad, but She kept the child from my husband cause he told his son he is his father. And because he is with me and not her.

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

Hello:

In order to get a visitation order he is going to have to file a Petition in the district court. Once a petition is filed, the court will set a hearing and enter a visitation order. You should schedule a consultation with an attorney for assistance with this matter.

Pete D. Louden

1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Oklahoma on
Q: First divorce hearing June 8th. My husband has an attorney, I cannot afford one.

There is a PO to protect myself and my kids, domestic violence charges are with the DA. I need an extension and temporary child support. I called his attorney an asked if he can do this, but I am concerned he is going to have my husband's best interest (of course) with everything he does. My... View More

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

Hello:

You should consider contacting legal aid and see if they can help you. You should not attempt to represent yourself.

Pete D. Louden

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In a divorce, what will become of home we are renting 2 own & the new truck he co-signed for? I pay for it all....

Haven't filed yet, but I just got a new truck with him being a cosigner, we traded in my vehicle for this truck. What will happen to it? He has two vehicles in his name already, I have none. Also the home, we live here with our 3 kids and have since 2015, it's a rent to own and both our... View More

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

Most divorce cases are settled by agreement of both parties. If your husband agrees you can have the truck and house, the divorce decree will order this.

If you can't agree, the court will hear testimony and divide property in a fair and equitable manner.

1 Answer | Asked in Divorce for Oklahoma on
Q: I got married dec. 22nd. And my husband is in the army. We agreed on a divorce an uncontested divorce. And i moved to te

texas but wasn't even out there for a month. I've been back in oklahoma for about 2 and a half months. And i was born amd raised in oklahoma so i need to know if i have to wait 5 months to get the divorce or did i just have to wait 30 days.

Pete David Louden
Pete David Louden
answered on May 25, 2017

Hello:

To file a divorce in Oklahoma the law requires that you be a resident of Oklahoma for six months and a resident of the county where you file for the last 30 days. If your time in Texas was a visit as opposed to a relocation, you may still meet the six month requirement. Ultimately,...
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1 Answer | Asked in Divorce for Oklahoma on
Q: I signed a prenuptial 24 yrs. ago now my wife asked for a divorce, what rights do I have.
Gary Johnston Dean
Gary Johnston Dean
answered on May 9, 2017

Your rights could be set out in your pre nup agreement. Call a family law attorney and make an appointment. Be sure to take your agreement with you.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: My wife refuses to come off of primary but won't tell me why. What could she be hiding?

She agrees to joint custody. Says it's not about money, a man or moving.

Pete David Louden
Pete David Louden
answered on May 22, 2017

Hello:

What is the time split that is being offered? Is it 50/50 or something different?

Pete D. Louden.

1 Answer | Asked in Divorce, Child Custody and Child Support for Oklahoma on
Q: My wife insists on being primary and refuses to tell me why joint isn't good enough. Says not money man or moving. What?
Gary Johnston Dean
Gary Johnston Dean
answered on May 24, 2017

When the Court Orders Joint Custody, someone MUST be also ordered to be the primary custodian, which determines where the child should live, and what the visitation time should be for the other parent. The primary custodian is usually the parent who has the child 51% of the time.

1 Answer | Asked in Divorce and Probate for Oklahoma on
Q: after divorce decree respondent discovered attorney for petitioner given information about probate case parties were in.

Probate attorney stated CONFLICT OF INTEREST IN NOT GIVING RESPONDENT CASE Information husband and wife beneficiaries in. However day before final decree hearing petitioner attorney given status of case, in fact petitioner gave her attorney probate attorney cell ph. # and she talked to him prior to... 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 to your satisfaction.

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

1 Answer | Asked in Divorce and Workers' Compensation for Oklahoma on
Q: Does part of my workers compensation go to my ex wife if the settlement is post divorce? What % goes to child support?

I was injured in 2010. We received a settlement, but left the medical maintenance open - pain management. In July 2015, my condition began to get worse. In Sept 2015, it looked like I was going to have to apply for disability. My wife of 22 years took the kids left as soon as I couldn't work... 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.

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

1 Answer | Asked in Divorce and Child Custody for Oklahoma on
Q: i was just served and left my daughter with my parents. I didn't tell my wife that. She says I'm lied about my child's.

Do I need to find someone to drive her between us?

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

Your question is unclear to me. You need to give a fuller explanation. What were you served with? Why do you think you need someone else to transport the child? Please ask again with more details.

1 Answer | Asked in Criminal Law, Divorce and Family Law for Oklahoma on
Q: My soon to be ex husband left bruises on my 12 year old son 6 months ago. Is it too late to file report and should I?
Gary Johnston Dean
Gary Johnston Dean
answered on May 2, 2017

What kind of bruises, located where, caused by what? Have you restricted access of your husband to the child since then? Is your husband an abuser? Why are you asking this question now?

Best answer is yes, IF CAUSED BY CHILD ABUSE, and you want to restrict his visitation. But be prepared...
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1 Answer | Asked in Divorce for Oklahoma on
Q: I have a few questions about where I stand in a divorce?

Been married 18yrs, we have a 16 & 18 yr old, tried everything just can't do it anymore. I live on my family's 20 acres which I in my name only and when my kids are legal age will be put in theirs...is there any chance he can take this away through divorce? I have a terminal Liver... 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.

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

1 Answer | Asked in Divorce, Real Estate Law and Probate for Oklahoma on
Q: Grandmother left house on 5 acres in OK to me and wife as joint tenants shortly after our marriage. we are divorcing

but Grandmas estate still in probate. Can we divide or sell as joint tenants in divorce property in probate?

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.

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