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Oklahoma Divorce Questions & Answers
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 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... Read 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, 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 allowed his new wife to... Read more »

Tammy Lyn Wincott
Tammy Lyn 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 other...
Read more »

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... Read 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... Read 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... Read 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, 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... Read more »

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...
Read 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 to... Read 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,... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I type up an answer to an Oklahoma divorce petition?

I don't have a lawyer I'm waiting on legal aid to review my case and I only have a week left to answer I'm out of time.i need to know how to type my own answer and file it.

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

That is not really something that I can answer for you with this limited information. An attorney needs to review the Petition, and craft an Answer accordingly. If legal aid cannot assist you, you should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma... Read more »

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Does the husband need to start paying child support before the wife even files for divorce? Will there be back support?

Wife commits adultery and moves out. She lives off student loans finishing College May of 2020 when she will start working for 70k a year. Has not filed for divorce yet. Only a verbal agreement with husband on custody and child support. She made him start paying child support immediately to her the... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 23, 2019

If you want to insure that you'll receive child support, you need to make sure that you get a divorce petition on file as soon as possible. You should get a lawyer to aid you in this process. Contact a licensed family law attorney in Oklahoma for help.

1 Answer | Asked in Divorce for Oklahoma on
Q: I live in Oklahoma my attorney filed divorce though court but can’t reach him is there anything I can do?

I met with him one time to get papers filed and he filed them June 27,2019 I paid the filing fee and everything and I still haven’t received a call back from him to get this done there is minor involved and is a noncontestant divorce he has agreed to sign I need a divorce quick as possible

Melissa Oxford
Melissa Oxford answered on Sep 5, 2019

Under Oklahoma law there is a 90 day waiting period for a divorce when minor children are involved.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My husband is harboring our belongings after we discussed getting a divorce.

My husband and I were recently moving into a new household. We ended up deciding to get a divorce in 6 months, and im currently staying at a hotel until im able to fly back to the state i used to live. My husband is threatening to trash or sell our belongings that are held in storage, and... Read more »

Hans Otto Lehr
Hans Otto Lehr answered on Sep 5, 2019

At this point in time, your best play is to get a divorce on file ASAP. If you do that, you can ask the Judge to make specific Orders regarding your property and insure he doesn't hide, destroy, or otherwise get rid of your property. I'd recommend you contact a family law attorney licensed in... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: My soon to be ex wife keeps telling me a date for our divorce hearing, but I have not received any legal documents

Do I have to appear ?

Pete David Louden
Pete David Louden answered on Sep 3, 2019

You should always appear for all court hearings with an attorney representing you.

1 Answer | Asked in Divorce and Child Support for Oklahoma on
Q: My ex and I are still married and have not been together for 3 years he is just at resident here in the US...

I put child support on him 4 months ago and have not gotten anything... I also need help with a divorce.I am a single mom and i don't have the money to get one....

Hans Otto Lehr
Hans Otto Lehr answered on Jul 31, 2019

You may be able to handle your child support action on your own through DHS' Child Support Services office. Most folks go through their process for child support enforcement without the assistance of an attorney.

However, I would always recommend the assistance of an attorney when...
Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: If a person makes an offer on a house and it is accepted before marriage,is it considered personal property?

I took out a mortgage loan exclusively in my name and solely based on my own personal credit. I then made an offer on a house that was accepted before I got married. The house didn’t close until after I was married. Would it be considered a marital asset under Oklahoma divorce law?

Doak Willis
Doak Willis answered on Jul 28, 2019

You must keep a separate bank account on that house if it is to be rented as an investment. All money collected as rent should be put into that account as well as expenses paid on that property should be written on that account. You should not commingle income produced by you or your wife with that... Read more »

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