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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I move forward with a divorce if my spouse refuses to sign papers or appear in court?

I am POA for my best friend who is currently incarcerated in Oklahoma and trying to divorce his spouse. I have filed a divorce petition and served papers on his spouse for him. His spouse refuses to sign a waiver and insists she wants to appear in court. Though when served with notice of court... Read more »

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

Simple solution to this situation is he needs an attorney. An attorney can get the divorce finished whether the other spouse signs or not. I wish you the best of luck with this matter.

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Contracts, Family Law and Divorce for Oklahoma on
Q: My husband and I did not receive premarital counseling before we married on May 10, 2023. Do we have a valid contract??

My fully paid for home in Moore was destroyed by a tornado 10 days after we married. The proceeds from that ($250,000) were invested in the husband’s property. Can I get any of that property back?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

The first question is a hypothetical, which I can't answer since I don't know what the law will in May of 2023. The second question is that if the original home that was destroyed had your name on the deed, or was by financial equity of some kind marital property then you have a pretty... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: If an ex wife is selling a home that is only in the husbands name can he stop the sale and keep the house?

The ex wife is wanting to sell the house which was bought during the marriage yet only in the husband’s name not hers. In the divorce decree the ex wife was ordered to keep payments up but not to refinance out of her ex husbands name. She wants to sell but the husband wants his house back instead... Read more »

Pete David Louden
Pete David Louden answered on Jun 15, 2020

You are going to need an attorney to review your decree and then they will be able to explain your options.

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can I get an annulment instead of a divorce? The other party and I have been separated since he got arrested on 8/3/2017

He was arrested for beating me up in a Walmart parking lot while he was already on a deferred sentence. I basically married him because I felt like I had to. There were all kinds of abuse, physical injuries, psychological issues resulting from the relationship, intimidation, I lost basically... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

Why an annulment instead of a divorce? This is something you should discuss with your divorce attorney when you have your consultation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Should the stimulus be split between parents with 50/50 custody?

My divorce finalized in February 2020. We filed our 2019 taxes separately and my ex claimed our son. I will be able to claim him in 2020. We have 50/50 custody and split all expenses evenly. We do not have child support either direction. Because my ex claimed him in 2019, the stimulus money for our... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I wonder what your divorce decree and child custody and support orders say as the provisions of those documents might provide some guidance as to your options. Its probably best to ask your divorce attorney. Generally speaking, I'm not sure there is much you can do that wouldn't cost... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Pete David Louden
Pete David Louden answered on Apr 28, 2020

You will need to review your support order. Most of the time the order will state the due date as the 1st day of the month. If child graduates in June then the June 1 payment would be made as usual.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: In Oklahoma I'm paying Alimony in Lieu of Property Division. If the ex remarried can I file a dismissal of this?
Pete David Louden
Pete David Louden answered on Apr 6, 2020

Alimony and Alimony Lieu of Property are different. You would still pay alimony in lieu of property even if she gets married.

1 Answer | Asked in Divorce for Oklahoma on
Q: I got married in Missouri in 2010 I was 15 and she was 23. We split up due to cheating. I ended up in prison from 2014..

Till 2019. I haven't heard from her or know where to find her. Since we have been split up wo any form of contact how could I go about getting it nolled

Brian Boeheim
Brian Boeheim answered on Apr 3, 2020

I am not sure an annulment is the best choice. I would think you should petition the court for a divorce. You will have to make an attempt to contact her, which isn't as hard as you might think. The real concern is any claim a creditor might have against you for her debts.

2 Answers | Asked in Divorce for Oklahoma on
Q: Divorcing my wife in Oklahoma, am I legally required to provide her with a vehicle. Am i responsible for her health

Am i legally required to provide wife with a vehicle or transportation? Am I responsible for making sure her health issues are addressed and taken care of? In example providing transporatation to and from doctor visits, ect if we are divorcing

Pete David Louden
Pete David Louden answered on Mar 28, 2020

What the court may order is going to be very fact specific to each individual case. To get reliable information applicable to your specific situation consult with an attorney. The Governor has declared that Attorneys are considered essential and therefore many attorneys are still operating and... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: When both parties agree on a divorce settlement and waive a trial, who has to appear before the judge?
Pete David Louden
Pete David Louden answered on Feb 27, 2020

One of the parties to present the decree.

1 Answer | Asked in Divorce for Oklahoma on
Q: Does all evidence during a divorce have to be disclosed to the opposing party according to Oklahoma law?
Pete David Louden
Pete David Louden answered on Feb 17, 2020

In Oklahoma, there is no trial by ambush. Witness and exhibits are required to be disclosed in Pre trial/Resolution Conference proceedings or prior to that in discovery.

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... Read 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...
Read more »

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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... Read 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... Read 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... Read 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... Read 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... Read 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.

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