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.
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 »
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 »
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 »
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?
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.
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 »
If the defendant appeared in court then the court now has personal jurisdiction and service is made.
A crime should be reported as soon as possible to preserve the evidence.
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 »
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 »
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.
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.
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.
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 »
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.
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 »
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 »
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.
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 »
Very few bigamy cases are filed in Oklahoma, but this is not to say the DA will not file in your case.
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 »
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 »
Yes. You should each have your own attorney. One attorney cannot ethically represent both sides at the same time.
hes passed away and left me with about $600 in passed due bills
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.
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 »
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.
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.
I don't see why not unless there is a court order stating otherwise.
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 »
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
