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Oklahoma Divorce Questions & Answers
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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1 Answer | Asked in Adoption and Divorce for Oklahoma on
Q: Will a divorce hinder adoption?

My wife and I have had a guardianship of a little boy for almost 6 years. We filed adoption almost 2 years ago, bio mom signed consent. Bio dad showed up to 1 of 3 mediations and 30% of visitations.

Divorce looks imminent for us, but we want to make sure our boy is safe with us.

Charles Watts
Charles Watts answered on Aug 10, 2021

Technically, if the adoption is not final before you divorce then it will become an issue, as the statute does not allow two single people to adopt the same child. It can be one person or one married couple. If you get divorced after the adoption is final then you will have custody questions just... Read more »

1 Answer | Asked in Divorce and Identity Theft for Oklahoma on
Q: My wife opened credit cards In my name without my knowledge. I told her that I want a divorce. What can I do?

Is this considered identity theft?

Pete David Louden
Pete David Louden answered on Aug 7, 2021

If you want a divorce what you can do is hire an attorney to file a divorce action for you. Schedule a consultation to discuss your case in detail and learn your specific options.

Best of luck!

3 Answers | Asked in Divorce for Oklahoma on
Q: How could I get an easy divorce being that he does have abandonment which has now been 15 yrs
Jessica Brown
Jessica Brown answered on Jul 16, 2021

In Oklahoma, you could get a default divorce. If you’re in a bigger county, their law library might have resources or special free/low cost programs. Legal Aid’s website also has forms and helpful information.

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3 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How do I get a judge to look at evidence? They keep denying to look at the evidence
Boe Lynn Bowen
Boe Lynn Bowen answered on Jun 16, 2021

This is a very complicated questions that involves multiple levels of issues.

Deadlines and how the evidence was obtained, type of case and the judge all just a few variables that can keep evidence out.

I encourage you to contact an attorney to discuss your case in detail as it...
Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I obtain a final decree of divorce without going to court hearings?

My divorce was granted in 2016. A handwritten order was filed outlining the terms of the divorce. I, the father, was awarded sole custody and everything else was split. My lawyer passed a few days after the hearing and never filed the final decree. How do I get one and will I need a lawyer. I’d... Read more »

Anna L Self
Anna L Self answered on Jun 15, 2021

You can always represent yourself in court. You will need to draft the decree along with a custody plan and child support calculations, forward it to opposing counsel for them to approve and sign (along with your ex) and present the signed decree to the Judge. It will be up to the Judge if they... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: Do I have to wait 6 months to remarry if I was married less then 6 months and am filing for divorce?

I was married for 4 months with him before I found out he was cheating. We separated in 2014. Im now in a 4 year relationship and want to get married. Do I have to wait the 6 months after the divorce is final to remarry if I wasn't even married for a year?

Anna L Self
Anna L Self answered on Jun 1, 2021

Yes, the Judge will advise you of this at your divorce hearing. It doesn't matter how long you were married or how long you have been separated.

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... Read more »

Charles Watts
Charles Watts answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

1 Answer | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How long after a domestic abuse can I file charges if im not with the person anymore but still legally married ?
Pete David Louden
Pete David Louden answered on May 15, 2021

A crime should be reported as soon as possible to preserve the evidence.

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...
Read more »

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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...
Read more »

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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