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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Do we need to be represented by Legal Counsel to have a divorce decree set aside? If so, what is a reasonable fee?

Divorce was granted in Okla in 1987 but we resumed cohabitation after a year and have lived together and bought and sold a home in Georgia since. Now buying a home in Oklahoma.

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

No, if you both file a "Joint Motion to Vacate Decree" verified under oath, setting forth the details, and prepare a short Order Vacating Decree, you shouldn't have a problem. I would be happy to review your paperwork, email it to me at gjd1@swbell.net.

1 Answer | Asked in Divorce for Oklahoma on
Q: I haven't been with my husband for over 3 years. If I file for divorce, can he try to fight it in court?

He and I haven't been in a relationship with each other in over 3 years. I'm wondering if he can fight the divorce to "save our marriage"

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 20, 2017

A simple answer is NO. You should have no problems securing a divorce.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My husband is a habitual alcoholic and I want to file for a separation until he gets help.

I don't want to move our son out of our home, but my husband refuses to leave when I tell him to go. What can I do legally to make him leave or get treatment and how much will it cost? Thank you.

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 10, 2017

If he has been physically and or mentally harassing to you or the child, you can file for a protective order which will require him to leave the house. The Court Clerk will help with the forms, and there is no filing fee.

1 Answer | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Oklahoma on
Q: What happens when a motion to modify a divorce decree was never finished. It was filed to modify but we never finished.

Original decree states me as sole custodian. My Ex filed a motion to modify our decree. We started spending thousands on lawyers and realized both our lawyers were not being honest with us about the other. We came to our own agreement and never finished the amended decree. Does this mean the... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 10, 2017

The last order, the Temporary Order is still in effect. My suggestion would be for either you or your Ex draw up your agreement, both sign your approval, and submit to the Judge for filing.

I would be happy to review it for you before it is filed if you send it to me. Visit my website...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Can I get a divorce done in OKC county If I am the petitioner without me being present for the hearing?

My husband is a heavy drug abuser and just violated his parole and more than likely will return to jail soon. I havent seen him in over a year, since I left to stay with my parents in Russia. I have injured myself here pretty bad and currently waiting for a surgery, so I cannot physically get to... View More

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

Hello:

I am new to Justia and noticed your question was posted in April but I do not see where you got an answer. So, better late than never. For a divorce the court requires at least one of the parties to appear and present testimony. I am not aware of any court in Oklahoma that with...
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1 Answer | Asked in Divorce for Oklahoma on
Q: can i get a divorce from my husband based on the fact he left me for someone else 6 months into the marriage

He left me 6 months into our marriage and got another woman pregnant can i get a divorce based on that

Gary Johnston Dean
Gary Johnston Dean
answered on Apr 1, 2017

Yes, no problem, just see a family Law attorney in the county in which you reside.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: After my divorce my ex got custody of my son. Now my son is living with his dads mom. Is he allowed to do that?
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 31, 2017

Yes, a custodial parent may permit others to care for a child. If your circumstances have changed since the divorce, and you want custody, you should see a family law attorney in the county where your decree is filed.

Also, have you talked to your Ex? If he can no longer care for the...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Can I make my spouse sell a residence listed in both our names in a divorce?

My husband is telling me that since his name is on the title to the lake house, that I can't make him sell. Is that true?

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 Child Custody, Divorce and Family Law for Oklahoma on
Q: Divorce by default can the papers be changed?

I filled for divorce my X did not respond I have a court date and was told I will need Default papers (Can I get those for free online?) once I get the default papers and see the judge instead of joint custody ( on the orig. documents) can I ask for full custody or will I have to have my spouse... View More

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

You can draw your decree with help from the Legal Services website. Regarding the joint or sole custody, to a great extent it depends on the Judge. I would draw both sets. DHS has an Excel Template for the Child Support Calculation.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: My ex says I need to sign final divorce and custody papers again bc dhs took so long. Does that make sense?

I was my understanding we were just waiting for paperwork to be filed and now she says I have to sign them again

Gary Johnston Dean
Gary Johnston Dean
answered on May 31, 2017

Not necessarily true, but possible. So why not sign them again if terms still OK.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: Why would ex ask me to sign our final divorce and custody papers again? She says bc Dhs took so long...
Gary Johnston Dean
Gary Johnston Dean
answered on Sep 8, 2017

Sorry I didn’t see this questions earlier, and it was not answered. If you still need help, please ask your question again, and give as many details as possible.

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 Divorce and Child Support for Oklahoma on
Q: I signed the birth certificate knowing I'm not the biological father in Oklahoma.Now my wife wants a divorce.

Can I get into legal trouble.What will be my financial obligations.Thank you

Gary Johnston Dean
Gary Johnston Dean
answered on May 5, 2017

You are the father by law, and will be obligated for child support upon divorce.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: If my spouse used a fake ss# when we married in 03 but was issued a new # in 2012 is my marriage legal?

My spouse used a social security number that be bought to marry me in 03. I didn't know he wasn't legal until 2 years after we married when his fake drivers license expired. We separated in 2012 and he filed for papers and was issued a whole new number. I having seen him or our kids in 5... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2017

Yes, a fake Social Security number by itself would not make a marriage invalid.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Oklahoma on
Q: My 1 and 2 year old daughters were taken away from my ex girlfriend by DHS. I live in Texas and need help getting them!

My daughters were born here in San Antonio TX, my ex girlfriend took the The girls and moved to Oklahoma without my permission. We do not have any custody agreement if that matters. Recently in January I received a call from my ex that my kids were taken away by DHS I believe for child neglect and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 1, 2017

Sorry you didn't get an answer before your court date. Hope all worked out for you. The courts and DHS prefer family placement when possible. I would think by now you have been checked out by Texas DHS and approved for placement. Good luck

2 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: My husband pushed me. Can I have it documented with the police. I don't want to press charges or have him arrested.
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2017

Generally, no. A simple push won't be considered as domestic violence by police, also, the incident

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1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: Am i responible for medical bills if the child is covered by native american health care?

Speaking on braces for teeth from private physicians when native american will also provide if needed.

Gary Johnston Dean
Gary Johnston Dean
answered on May 5, 2017

Generally yes, but it can be dependent on the specific language in your decree regarding these expenses.

1 Answer | Asked in Divorce, Child Custody and Child Support for Oklahoma on
Q: Can I terminate my rights to my children because my ex won't stop putting me and children through. Court.I'm penniless
Gary Johnston Dean
Gary Johnston Dean
answered on May 5, 2017

A termination of rights does NOT stop child support obligations until the child is adopted. You would only lost rights of custody and visitation.

1 Answer | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: I have been divorced for over a year, in my final divorce decree there was no child support awarded. Can I change that?

We also had a mutual agreement that he would help me with any expenses needed involving our 5 year old. When something comes up asking him to help is like pulling teeth. I pay the entirety of our son's medical and he (while living with his parents) is left having to pay nothing. I don't... View More

Gary Johnston Dean
Gary Johnston Dean
answered on May 5, 2017

This is very unusual for a Judge to not order child support. You need to file a "Motion to Modify" the Decree to establish child support, and visitation specifics if needed. The law requires that the payments be made through the DHS Central Child Support Registry, with a "SOSO"... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex told me we were divorced and I married my 2nd husband in Michigan, am I a bigamous? What can I do?
Robert Donald Gifford II
Robert Donald Gifford II
answered on Mar 24, 2017

I am assuming your first divorce was never completed. If so, you need to get formally divorced first to be lawfully married. Depending on where you are living, bigamy may require some intent and notice thus a prosecution for such is unlikely.

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: How do u keep an paid attorney from ripping u off happens to me twice on one case I'm screwd
Gary Johnston Dean
Gary Johnston Dean
answered on Aug 7, 2017

Best bet is to thoroughly check out the attorneys ratings on Google, this website and other sites.

Sorry for your problems.

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