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Oklahoma Divorce Questions & Answers
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
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
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 »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My spouse and I still currently live together and he filed a petition for dissolution of marriage without a summons

With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?

Charles Watts
Charles Watts answered on Nov 13, 2021

Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: If my wife was already has a boyfriend outside the marriage does not give me ground for divorce

If my spouse is already in a relationship with somebody else do I have grounds for divorce

Pete David Louden
Pete David Louden answered on Nov 5, 2021

All that is necessary for a divorce is incompatibility. It is not necessary to prove anything beyond that.

Best of luck!

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1 Answer | Asked in Divorce for Oklahoma on
Q: state of Oklahoma, When does the automatic temporary injunction go in to effect?

Filing for uncontested Divorce, ex come by took my 2yr old to Navada without permission. Police department advised i needed legal seperation or divorce in motion to be able to get her back, I have filed Petition for dissolution of marriage, and on my way to get the Summons and notice filed..Is it... Read more »

Pete David Louden
Pete David Louden answered on Nov 4, 2021

The ATI takes effect as soon as the Petition is filed. Both parents have equal rights to children of the marriage unless/until there is a court order stating otherwise.

Child custody is not a do it yourself project. You need to hire an attorney.

Here is a link to an article...
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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... Read more »

Anna L Self
Anna L Self answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... Read more »

Anna L Self
Anna L Self answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... Read more »

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... Read more »

Charles Watts
Charles Watts answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I filed Foreign judgement paperwork in AR and is now filed with case number. What is my next step before filing contempt
Anna L Self
Anna L Self answered on Aug 25, 2021

You should ask this in the Arkansas forum as Arkansas law would control as to the next step.

3 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I request supervised visitation for my ex when filing for divorce?

She is mentally I'll, drug abuse, over doses, violent, reckless

Pete David Louden
Pete David Louden answered on Aug 23, 2021

Just explain the situation and your reasons for the request to your attorney and the attorney will know how to make the request in your pleadings.

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