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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce for Oklahoma on
Q: filing for uncontested divorce online in OK, no kids/ assets to split. What all would the packet include/ legal this way

I just am, wondering if its legal to get the papers this way or if there is an easier/ cheaper way. Also I do not know what this will include

Pete David Louden
Pete David Louden
answered on Feb 17, 2020

When you download documents from the internet there is no telling what you will get. Never rely upon any documents other than those produced by an experienced attorney. As with all things, it is much cheaper and faster to have it done right the first time.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... View More

Pete David Louden
Pete David Louden
answered on Feb 16, 2020

No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?

The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.

In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging... View More

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before... View More

1 Answer | Asked in Domestic Violence and Divorce for Oklahoma on
Q: Protective order violation?

If the person the protective order was filed against is in a building and the person that filed the PO parks right behind that other persons car and tries to come in, is that a violation?

Employees at the building had to tell the filer that they couldn’t come in. The filer is VERY aware... View More

Brian Boeheim
Brian Boeheim
answered on Feb 12, 2020

The person who files a protective order cannot violate the protective order. The rule of thumb is the person who has the protective order filed against them must leave the premises if the person who was granted the protective order enters. With that said, if you have reasonable evidence that the... View More

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim
answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: If your ID, po Box, bills, utilities, vehicle registration, all say TX, are you an actual resident in good faith of OK?

We stayed at the father in law's home in OK for over 6 months with intent to return to our home in TX. His health never improved. But we never changed addresses.

Pete David Louden
Pete David Louden
answered on Jan 27, 2020

A person must live in Oklahoma six months to file a divorce and in the county where it was filed for the last 30 days. If there is a dispute over jurisdiction it would be decided by the judge.

1 Answer | Asked in Divorce for Oklahoma on
Q: A divorce petition requires the plaintiff to be "an actual resident, in good faith, of the state" What defines that?

She filed her petition in Beaver, OK. Her ID, mailing address, P.O. Box, utility bills, vehicle registration, address on car dealership contract, address on disability claims and benefits, income tax, all state Booker TX as her address. We DID stay at her father's farm for over 6 months, BUT... View More

Pete David Louden
Pete David Louden
answered on Jan 26, 2020

To file divorce must be a resident of the state for six months and a resident of the county where filed for 30 days.

1 Answer | Asked in Divorce for Oklahoma on
Q: Do 10 previous common law marriage years, count/add to, 5 legally married years, in a divorce in Oklahoma?
Pete David Louden
Pete David Louden
answered on Jan 9, 2020

Not sure I understand your question.

Ten years of marriage would be ten years of marriage.

1 Answer | Asked in Divorce, Family Law, Child Custody and Libel & Slander for Oklahoma on
Q: Can I block my exes email account when his new wife is using it to harrass me & do his "co parenting" for him?

Ex & I share 4yr old. Live 745 miles apart. Have joint legal custody & I am custodial parent. I am to update him on child & when I do, I get harassed instead & his new wife seeks retaliation of some sort. She is very hostile & sarcastic. He has stopped talking to me & has... View More

Tammy L. Wincott
Tammy L. Wincott
answered on Jan 7, 2020

You might want to get something official before you block it as you're liable to be made to look like the bad guy.

There are a few really good online programs available for situations like this where parents can login and upload pictures, report cards, etc. about the children then the...
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1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oklahoma on
Q: My husband has left the home he was the main income for the family my name is on the deed what are my options?

He removed all his property and me and the kids in the home - he stated he would sue me if I rented or sold home - but I don’t make near enough to support all bills- options? Suggestions? He has been moved out since 12-24-19 this isn’t the first time he’s also been abusive knowing I can’t... View More

Doak Willis
Doak Willis
answered on Jan 8, 2020

You must borrow the money to hire an attorney to help you get a divorce and support.

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I get a divorce from someone who is a fugitive from justice when there is a minor child?
Brian Boeheim
Brian Boeheim
answered on Dec 19, 2019

You can file for divorce and provide notice by publication. After the appropriate amount of time and without a response, the court will most likely give you a default divorce with sole legal and physical custody. If you would like some help getting that done, please give us a call at 918-884-7791... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: I am getting a uncontested divorce we are in our 90waiting period. We both have agreed that I get the house.

We had our mediator include this in our papers to file. If I go ahead and refinance do we have to redo those papers before our hearing?

Brian Boeheim
Brian Boeheim
answered on Dec 9, 2019

The real issue is whether you are both on the original mortgage, or if you are going to be on the new mortgage alone. The quick answer: If you document the agreement with your spouse that he agrees to you refinancing the mortgage, there is no problem. He can sign his portion of the house to you in... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: How much is a divorce ?
Brian Boeheim
Brian Boeheim
answered on Dec 8, 2019

It depends on a lot of things. Whether their are children involved. The amount of assets (houses, cars, retirement accounts). It also depends on how many things your and your to-be ex agree on these issues already. Most attorneys will ask for a retainer or $1500 to $2500 and they will bill off... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: it's been over a year since my husband filed for divorce I was wondering if the divorce papers expire

Nothing has happened in our case since December 13th of last year and all we did was make our first appearance we are legally still married I just need to know if the papers expire or what it's been over a year with nothing done

S. Douglas Elliott
S. Douglas Elliott
answered on Nov 26, 2019

The case hangs on until the parties or the court take an action to dismiss the case. Some courts clean up their dockets regularly, others not at all.

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1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I respond to a divorce and child custody petition if I don't agree without an attorney?

I can't afford an attorney. I live in Oklahoma. Do I write a letter to the petitioners (soon to be ex) attorney or just appear in court?

Brian Boeheim
Brian Boeheim
answered on Nov 19, 2019

You have a duty to respond. Always show up to court. Without getting long winded, without an attorney, you will be taken advantage of by your spouses attorney. If you are in Tulsa, call us and we will see if we can help. 918-884-7791 Boeheim Freeman Law.

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I file objection and request for hearing to a temporary injunction in regards to minor child custody and support?
S. Douglas Elliott
S. Douglas Elliott
answered on Nov 17, 2019

If it’s just in the initial stages you have to file an answer to the petition. If you’ve been paying a while you have to file a motion to modify.

1 Answer | Asked in Divorce for Oklahoma on
Q: I need to research precedence for cohabitation during divorces; namely child custody.
Brian Boeheim
Brian Boeheim
answered on Nov 2, 2019

Not completely sure what question you are asking? Although it is not suggested, co-habitation of the marital residence of the divorcing couple does happen on occasion. Child custody comes in two forms: Legal custody and Physical custody.

Legal custody involves life decisions for the child...
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1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Q: I was married in 2009 I got a divorce and I have a court order for me to pay child support I produced a DNA test during.

I produced a dna test during the divorce and the judge threw the DNA test out and forced me to pay child support

Doak Willis
Doak Willis
answered on Nov 4, 2019

I suppose your question is why you have to pay and he threw out the test. There are certain laws governing children born during the marriage which could be used in your circumstance to do what the Judge did in not allowing the test results. If you lived with the mother and child for two years for... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: I own my home with my ex husband.. Our divorce decree says I have to share half of proceeds. It burned I'm rebuilding he

He won't sign the check from insurance to rebuild .. he isn't legally allowed any of my rebuilding money correct

Brian Boeheim
Brian Boeheim
answered on Oct 22, 2019

You are joint owners of the property and the home on it. Depending on how much equity is in the home, this might be a great opportunity to buy out his portion of the ownership of the home and get rid of his input altogether. if that isn't possible, then you could file a motion to compel him... View More

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: I need a template to write this myself. Can someone help please .!!!!!
Brian Boeheim
Brian Boeheim
answered on Oct 5, 2019

I am sorry, but I am not certain what type of template you are requesting? Over and over again, I see people who attempt to file petitions themselves and not only do they spend an enormous amount of time doing it, but the stress ends up being far more than anyone should have to deal with. Also,... View More

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