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Oklahoma Divorce Questions & Answers
3 Answers | Asked in Divorce for Oklahoma on
Q: Does Oklahoma have jurisdiction over Arkansas when it comes to filing for a divorce that took place in Arkansas?

I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... Read more »

Pete David Louden
Pete David Louden answered on May 6, 2021

This is a situation where free advice over the internet is not going to resolve this issue. My suggestion is take all of your documents to an attorney so they can review and give you an opinion and explain your options.

If there is a marriage and you are trying to get divorced you would...
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1 Answer | Asked in Divorce, Family Law and Personal Injury for Oklahoma on
Q: Is there a term in which a person can no longer sue for spousal abuse/domestic abuse/assault ?
Pete David Louden
Pete David Louden answered on May 4, 2021

I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I sue for alienation of Affection? I have MANY witnesses that my marriage was great before other woman.

My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.

Jessica Brown
Jessica Brown answered on May 3, 2021

I'm sorry to hear about that. It's such a tough position.

That cause of action, alienation of affection, was abolished in Oklahoma in 1976.

I wish you the best.

2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Is it legal to place a tracking/recording device in my wifes vehicle if i own the vehicle?

In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... Read more »

Pete David Louden
Pete David Louden answered on Apr 28, 2021

My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.

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1 Answer | Asked in Divorce for Oklahoma on
Q: We filled for divorce and were given a court date. The clerk told my husband to be ready to testify

We have nothing to testify. We have an uncontested divorce. We turned in my waiver to show up and we have no idea what he has to testify about. The clerk said the judge was old school and if he didn't testify right or say the statement right he would deny the divorce. When my husband asked... Read more »

Charles Watts
Charles Watts answered on Apr 19, 2021

Typically, even in uncontested divorces, the filing party (Petitioner) will have to testify. What this usually entails is stating their name for the court, they have lived in the county and state for the required time, things are not going to get fixed, and they understand they cant marry anyone... Read more »

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: In an abusive marriage and trying to leave. How can I limit or remove visitation in the divorce settlement.

I'm a stay at home mom and I'm trying to get into school. We have a toddler. Things are becoming untenable and I know we need to leave. How do I make sure I can keep my little safe when it comes to custody and visitation.

Jessica Brown
Jessica Brown answered on Mar 30, 2021

I’m sorry to hear about your situation. That can be a lot and you should really speak to an attorney about these logistics.

In Oklahoma, if you prove there is domestic violence, the abuser is not supposed to have unsupervised visitation with the children unless the abuser overcomes the...
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2 Answers | Asked in Divorce for Oklahoma on
Q: What are the chances of a person facing criminal charges due to bigamy
Gary Johnston Dean
Gary Johnston Dean answered on Mar 29, 2021

Very few bigamy cases are filed in Oklahoma, but this is not to say the DA will not file in your case.

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2 Answers | Asked in Divorce for Oklahoma on
Q: I want to file for a divorce. I live here in Tulsa, OK and my husband lives in Florida, do I file here or in Florida?
Pete David Louden
Pete David Louden answered on Mar 25, 2021

You can file in Oklahoma if you have lived in Oklahoma for the last six months and file in the county where you have lived the last 30 days. If the other party does not live in Oklahoma and does not agree to submit to Oklahoma jurisdiction then you could have a jurisdictional issue so meet with an... Read more »

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2 Answers | Asked in Divorce for Oklahoma on
Q: Just now starting divorce process; do we need our own lawyer?

My soon to be ex husband and I are in agreement on everything inside our house as far as who will get what. We have it on paper and are about to have it notarized. However, we just bought this house on 9/30/2020 and he is wanting to stay in the house. I do not mind if he does, I just don’t know... Read more »

Pete David Louden
Pete David Louden answered on Mar 16, 2021

Yes. You should each have your own attorney. One attorney cannot ethically represent both sides at the same time.

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1 Answer | Asked in Divorce and Collections for Oklahoma on
Q: I separated from my ex husband years ago but left the electric bill in my name am i still responsible for it?

hes passed away and left me with about $600 in passed due bills

Gary Johnston Dean
Gary Johnston Dean answered on Mar 10, 2021

You are still responsible to the utility company. If you ever file for divorce, remember to ask to be reimbursed for any amount that you paid.

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Divorce decree Alimony requirements and VA disablity

I have my signed decree that states, "Support alimony payments shall only terminate if Petitioner remarries". My ex-wife informed me she has remarried effective 5 March 2020. I have paid the amount in full as required for March. When April rolls around do I require a court injunction... Read more »

Pete David Louden
Pete David Louden answered on Mar 8, 2021

Hire an attorney to help you terminate the alimony payment. Things at the courthouse are moving slow with the weather closings and covid so get this filed asap.

VA is used for purposes of gross income in calculating child support.

3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Does Oklahoma mandate marital counseling before divorcing with kids? I already took the class for divorcing parents.
Charles Watts
Charles Watts answered on Mar 16, 2021

No- counseling is not mandated. The only thing that will be required is the co-parenting class. I have seen this class waived for one parent if they are not receiving any visitation, but anyone receiving visitation/custody will have to go to the class.

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2 Answers | Asked in Divorce for Oklahoma on
Q: Can my separated spouse come back to the house when ever he wants? He moved out 4 months ago and has his own apartment.
Pete David Louden
Pete David Louden answered on Mar 5, 2021

I don't see why not unless there is a court order stating otherwise.

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2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Pete David Louden
Pete David Louden answered on Feb 25, 2021

Family law cases are not as simple as filing out forms. Preparing the proper documents in only part of the equation. It is also critical to follow the appropriate procedure, local court rules, and fully understand the rules of evidence so any evidence can be properly presented and considered by... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: Our divorce case was dismissed in Beckham county in December 2019, for failure to prosecute, neither party showed up.

Can I file pro Se and request judge to reinstate divorce without having to repay filing fees?

Charles Watts
Charles Watts answered on Feb 16, 2021

Generally if the case was truly dismissed then you will have to start the process over with a new filing and everything.

2 Answers | Asked in Divorce for Oklahoma on
Q: I cheated on my husband (2 years ago, he has known about for over a year), he is telling me that if he divorces me

That I am not entitled to half but something like 25% of the assets. Everything we own is communal property (house, cars, boat and camper), we have two minor children and we live in OK.

Charles Watts
Charles Watts answered on Feb 3, 2021

You should contact an attorney to assist you in getting what is rightfully yours and what is fair and equitable. Your indiscretion alone is not sufficient to change the fair and equitable distribution. Unless there is more to the case then you need an attorney to help you get that fair treatment.... Read more »

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2 Answers | Asked in Divorce for Oklahoma on
Q: Is there a time limit once married to change your last name? In Oklahoma

My husband wanted to change his last name to mine once we were married due to a felony conviction on his part. We were together 2.5 years and he never used my name or changed his last name to mine until we filed for divorce, he changed his drivers license to my last name approximately 2-4 days... Read more »

Pete David Louden
Pete David Louden answered on Jan 27, 2021

I agree with your attorney. Direct all question about your case to your attorney.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Default decree10/15/2020, he is in a halfway house, is he able to reopen the divorce?

Can he reopen a default decree that was given on 10/15/2020? He has been in prison 15 out of 19 years of marriage, never held a job, nor did he stay at home and take care of our 3 kids. He says he wants 1/2 of everything and 19 years of alimony.. I have sole custody of the kids. And a court order... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 30, 2020

If he is represented, the attorney must be licensed in Oklahoma in some form, even if it is a temporary licensure (pro has vice). If he was not properly served, or not given a reasonable opportunity to challenge the divorce, Especially as it comes to child custody and child support, then some... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: If I am served papers, do I need to sign them right away? Or can I take them with me, review them, & sign when ready

My wife filed a petition for divorce. I’m being served papers tomorrow. My spouse’s father is telling me to meet him tomorrow morning with a notary to sign the papers. Do I need to sign them then or can I take them, read over them, and sign and get them notarized when I’m ready?

Issue... Read more »

Charles Watts
Charles Watts answered on Dec 23, 2020

A notary is not needed to be served papers. You should NOT sign anything when being served. You should receive a copy of the summons as well as the petition. Then you have a little over two weeks to file your answer/response with the court. If you have any other questions then reach out to a family... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

If you mean does the court appoint an attorney for you like in a criminal case, no.

You would need to hire an attorney to represent you in a divorce case.

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