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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... Read more »

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... Read more »

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Charles Watts
Charles Watts
answered on Sep 10, 2022

Could be for property taxes. Those are yearly regardless of a mortgage or not.

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1 Answer | Asked in Divorce for Oklahoma on
Q: My ex husband has stopped the $300 a month in alimony. Can he do that?

The money is to be transferred the 1st of every month. I’ve been divorced since 2009.

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 5, 2022

You haven't given me enough information to answer you. You should read the alimony provisions of your divorce decree to see when your alimony terminates. If it hasn't terminated, contact a family law attorney for help.

2 Answers | Asked in Divorce for Oklahoma on
Q: Do i have to buy her out of the house if she never contributed and is taking the kids and moving out of the state?

she doesnt want the house

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 14, 2022

There's not enough information to properly respond to this question. That said, you are talking about real estate, presumably breakup of a marriage, and kids are involved, I highly recommend that you contact and consult with obe or more family law/divorce attorneys in your area -----discuss... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Any lawyers open for short notice divorce Cleveland county. Mildly contested?
Charles Watts
Charles Watts
answered on Jun 18, 2022

I am sure there are plenty of lawyers that will be able to assist you. You just have to start calling them as this forum does not allow us to advertise.

1 Answer | Asked in Divorce, Personal Injury and Real Estate Law for Oklahoma on
Q: I got screw ultra big time by a realitor who sold my house to her investor buddy I have try to sue but have reverse dee

The realtor had scam artest investor do and inspection then he ask for a price reduction of $1000.00 I said no but the realtor trick my divorce into says yes and it closing it went for a $1000 less. So lost $500 on sale of house. I have huge emotion stress over this. I want to sue but she claim... Read more »

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 12, 2022

Sorry, but I don't think that you have a case. The divorce court apparently approved the sale, and 7 years later your claim would be barred by the statute of limitations.

It's time for you to move on and get over this.

1 Answer | Asked in Divorce for Oklahoma on
Q: If I filed a dicvore myself do you know if the paper work let's you ask for alimony and to help pay the house mortgage?

Been living with spouse sense 1998 got married 2005,been with them 26yrs. Total.

And I'm on disability he left 2/15/2021.

Gary Johnston Dean
Gary Johnston Dean
answered on May 31, 2022

I don't know what kind of paperwork you're looking at, so can't answer question.

I strongly urge you to consult an experienced family law attorney for help.

1 Answer | Asked in Divorce for Oklahoma on
Q: I got the house in the divorce. VA loan in Ex name, both of our names are on the title. How do I get everything my name
Anna L Self
PREMIUM
Anna L Self
answered on May 11, 2022

You can either have your ex sign a quit claim deed giving the property to you or if the decree has the legal description and states that you get the house you can file a certified copy of the decree in the county records.

Regarding the loan, you would have to refinance to get the debt in...
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1 Answer | Asked in Animal / Dog Law and Divorce for Oklahoma on
Q: What if my spouse refuses to return my dog during separation period before divorce?

Wife has refused ownership of the dog several times due to quality of life at apartment. I’ve offered to pay for everything. He has lived with me for the entire separation period. He was my bestfriend while I was in the army. Now she is only keeping him from me to hurt me. But she has him listed... Read more »

Anna L Self
PREMIUM
Anna L Self
answered on May 11, 2022

You don't say how the dog is listed in the divorce decree. If the decree says she gets the dog and it has not been signed by the Judge - don't sign the decree. If the decree says she gets the dog and the Judge has signed the decree then the decree is enforceable. Dogs are considered... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: What is the proper procedure for changing my last name to something different after divorce?

When I got married, I planned on changing my last name to my husband's, even signing my name as such on the marriage license immediately after the wedding ceremony. But things were off to such a horrible start that I was already considering annulling the marriage within a week after getting... Read more »

Evan Humphreys
Evan Humphreys
answered on Apr 11, 2022

The law allows you to go back to any former name when the divorce is granted. So if you have a previous married name, you can return to that name. If you have no former name other than your maiden name, you can still change your name to anything by filing a name change case. Basically, you say... Read more »

2 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: On the divorce decree it states my ex can claim our daughter until no longer eligible. (Very loose language) however,

I claimed her because she's 18 and lives with me full time since June and half time before then. That's 91/2 months of the year. I interpreted that as she is no longer eligible for her to claim on taxes, but she's eligible for me to claim. Am I wrong, she is threatening to go to court.

Evan Humphreys
Evan Humphreys
answered on Mar 18, 2022

It really depends on the wording of your decree. The IRS has its own rules about which parent can claim the children on their taxes and they often don't care what a decree says. However, and this is very important, a divorce decree is an enforceable court order and disobeying it can put you in... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: What papers do I need to file for an objection to an ATI
Charles Watts
Charles Watts
answered on Mar 12, 2022

The ATI is statutory and is something that has to be put in place so the parties cannot directly control another party by terminating insurance or not paying bills etc…. You can mutually agree to not have it but if it is not mutual then it is not negotiable and mandatory.

1 Answer | Asked in Divorce for Oklahoma on
Q: My husband’s first wife receives 50%of his retirement. If We divorce, will I receive half of her benefits?

We have been married longer than they were.

Charles Watts
Charles Watts
answered on Mar 4, 2022

Without reviewing all the appropriate documents it is hard to determine. However, usually she gets half of his retirement that was acquired (and interest there in) during the marriage. Anything after the marriage wouldn’t be subject to the half. Then during your marriage the increase of... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Is a deponent obligated to provide supplemental information after the deposition such as names, dates, docs, etc

The attorney asked will you get those for your attorney to provide please.

Charles Watts
Charles Watts
answered on Mar 4, 2022

It depends - if this was information that was obtained during discovery and those people were mentioned but without names and they are an integral part then they can be required. The discovery code is complex and your attorney should be able to advise you in this matter.

1 Answer | Asked in Divorce and Banking for Oklahoma on
Q: Can I get prosecuted for transferring money out of my husbands checking account over to my cash app card

Can I get prosecuted for stealing

Charles Watts
Charles Watts
answered on Feb 9, 2022

Are you married still? Are the any injunctions in place? Do you have access to the account normally? However, you will not probably get a direct yes or no answer on this from any attorney because there are always many facts that go into things. Contact a family law attorney to assist you in... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Can I ask husband refinance our home and pay my equity and remove my name from the home & property prior to divorce

He took me off joint bank accounts, cell phone plans and car insurance this past fall 8/21-12/21. 1/5 he turned off access to hot water and washer and dryer. I had surgery 1/7 and I'm currently staying with family in Missouri recovering.

Charles Watts
Charles Watts
answered on Jan 20, 2022

In most situations there are automatic injunctions put in place to prevent the changing of bank accounts, insurance, and utilities and the like. You need to consult with an attorney on this so that you can be represented fully. To your other question, yes you can ask, and file a joint affidavit... Read more »

1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... Read more »

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... Read more »

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: Is my marriage invalid if my husband find out he never got a divorce from his first wife?

He went to court to file for a divorce from her and he has gotten remarried.

Charles Watts
Charles Watts
answered on Dec 21, 2021

In Oklahoma you can only have one valid marriage ((even if it is a non-ceremonial one — aka common law)). Therefore if a person is married they cannot legally marry another person and it be considered as valid this the marriage that took place while he was already married is null and void. You... Read more »

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