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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce, Real Estate Law, Family Law, Gaming, Wrongful Death and Personal Injury for Oklahoma on
Q: Considering separation due to property concerns and personal differences with spouse in Oklahoma.

I'm considering a short-term separation from my spouse in hopes that we might reconcile our differences. We are struggling with communication, and I've observed my spouse being influenced by others, which complicates matters. I'm concerned about a possible unauthorized change to the... View More

Aaron Bundy
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answered on Oct 19, 2025

In Oklahoma, either spouse may file for a divorce at any time, even if the other party only wants to separate. Given the issues mentioned, such as financial concerns, outside influence, and unresolved grief, a separation can often increase distrust and compound these problems instead of leading to... View More

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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

An Oklahoma attorney could advise best, but you posted a few days ago, and the deadline you mention (Sept. 10th) is the middle of next week. I'm sorry about the fire and the ordeal it has caused you. It could be difficult for attorneys here to respond with offers of their services. The format... View More

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3 Answers | Asked in Personal Injury, Divorce, Real Estate Law, Civil Litigation and Family Law for Oklahoma on
Q: Contingency attorney for garage fire/damage lawsuit and divorce help

I need a contingency attorney in Oklahoma to file a lawsuit by September 10th related to my common law husband causing a garage fire in Amarillo, Texas. The fire destroyed my Hellcat SRT and house, along with thousands of dollars' worth of my possessions. He had gifted these items to me, and I... View More

Tim Akpinar
Tim Akpinar
answered on Sep 6, 2025

Addendum - If your back is not up against the wall in terms of that timeframe, due to statute of limitations issues, this looks like something that might benefit from a closer look, exploring all options, whether covered by insurance or not. Taking a case on contingency is usually something at the... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Oklahoma on
Q: Am I entitled to home equity in a divorce in Oklahoma after a 1-year marriage, with cash contributions for repairs?

I have been married for one year, and my husband owned a home before we met. He refinanced the home after we got married but only in his name, stating he was not married on the papers. During our marriage, I sent him cash for repairs, most often via Cash App, so I have receipts. We are getting a... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 12, 2025

Since he owned the property prior to your marriage, and it is in his name only, you would have the burden to prove how much the home has increased in value due to your contributions during the marriage. Your investment receipts would be evidence to be presented to the court; however, the court is... View More

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Do I need to divorce for a common-law marriage in Oklahoma?

In Oklahoma, I have been in a common law marriage since 1991. Although my partner and I separated and lived apart since 2006, we have a child together from 1992, and he also raised my two older children from a previous marriage. We presented ourselves as husband and wife until our separation, but... View More

Paula Jo Davidson Wood
Paula Jo Davidson Wood
answered on Aug 12, 2025

If I understand your question, you had a common law marriage back in 1991 but you separated in 2006, nineteen years ago. You have a child together, but that child is over 30 years old now. You don't have any joint debts at this time. You did not state whether you have joint property with... View More

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2 Answers | Asked in Divorce, Family Law and Real Estate Law for Oklahoma on
Q: Impact of husband's remarriage during ongoing Oklahoma divorce?

I'm currently going through a divorce in Oklahoma with my husband, who recently went to Arkansas and got married, despite our divorce not being finalized. We jointly own a house, and his new spouse has used our address on their marriage license. I have two children involved, and although the... View More

Charles Watts
Charles Watts
answered on May 11, 2025

Depending on Arkansas law he could face a misdemeanor criminal charge ((though these are not usually prosecuted by the state)) - Oklahoma it is a felony to marry another while being married. Again the state usually doesn’t do anything to prosecute this. However, it will invalidate his marriage... View More

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2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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1 Answer | Asked in Divorce, Child Custody and Family Law for Oklahoma on
Q: Is it illegal for husband to keep children from me during divorce?

I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without... View More

Aaron Bundy
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answered on Feb 17, 2025

The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent... View More

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Upon my ex & I divorcing in TX I was awarded half of his retirement. He stopped paying. How do I enforce as I live in OK

My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More

2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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2 Answers | Asked in Criminal Law, Domestic Violence, Divorce and Family Law for Oklahoma on
Q: Is DA obligated to dismiss protective order violation if used as threat for divorce?

I am facing charges for violating a protective order, but I believe the order was used as a threat to force me into signing a divorce decree, rather than being related to domestic violence. I have text messages from the individual stating that if I didn't sign the divorce decree, they would... View More

Tracy Tiernan
Tracy Tiernan
answered on Nov 9, 2025

That’s a very interesting scenario. I suppose knowledge of this threat to bring a protective order if you didn’t sign the decree wasn’t available before the protective order was granted? That was clearly the opportunity for you to bring it up, which could’ve potentially prevented the... View More

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1 Answer | Asked in Adoption, Divorce, Child Custody and Family Law for Oklahoma on
Q: Can an adoption lawyer represent either party in divorce and custody battle later?

Can an attorney who represented a married couple in an adoption case subsequently represent either party in a divorce and custody battle if both cases occurred within a year? The adoption involved one biological parent and one adopting parent.

James L. Arrasmith
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answered on Nov 6, 2025

This situation raises serious concerns about conflict of interest and confidentiality. When an attorney represents both spouses in an adoption, they owe a duty of loyalty and confidentiality to both parties as a joint client. If a divorce and custody dispute arise within a short time afterward, the... View More

1 Answer | Asked in Divorce, Employment Law, Public Benefits and Family Law for Oklahoma on
Q: What can my niece do for legal help in divorce in Oklahoma?

My niece in Duncan, Oklahoma, is facing a divorce initiated by her husband, who also emptied their joint bank account. She cannot afford the $3,500 retainer fee for an attorney. They had no prenuptial agreements, and their children are adults. While she has her own bank account with funds from... View More

James L. Arrasmith
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answered on Nov 5, 2025

That must be a very difficult situation for your niece, especially with her husband taking the funds and leaving her without enough resources to hire an attorney. In Oklahoma, she still has several options to get legal help even if she can’t afford a private lawyer. Legal Aid Services of Oklahoma... View More

1 Answer | Asked in Divorce, Domestic Violence, Child Custody and Family Law for Oklahoma on
Q: What are my legal options for divorce and custody in Oklahoma amid domestic violence and financial issues?

I am seeking a divorce in Enid, Oklahoma due to domestic violence from my spouse and verbal threats of infidelity. I have custody of my 15-year-old daughter from a previous relationship and share a 10-year-old child with my spouse. Several incidents of domestic violence have been reported to both... View More

James L. Arrasmith
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answered on Oct 22, 2025

You are not powerless—seek a Victim Protective Order (VPO) in Garfield County District Court and request ex parte no‑contact, exclusive possession of the home, and supervised exchanges for the child.

At the same time, file an emergency application for custody of your 10‑year‑old...
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1 Answer | Asked in Divorce, Contracts, Civil Litigation and Family Law for Oklahoma on
Q: Can I amend divorce papers to recover property expenses in Oklahoma?

I was divorced in September 2024, and my husband kept nearly all the property. I didn't have legal representation, and all proceedings went through his lawyer. During our marriage, my father passed away, and I have receipts showing that I paid $193,247.00 for expenses related to my... View More

James L. Arrasmith
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answered on Oct 16, 2025

It sounds like you’ve put a great deal of money into your former husband’s property, and it’s understandable that you want to recover what you contributed. In Oklahoma, it’s possible to amend or reopen a divorce case under certain circumstances, but the timeframe is very limited. Typically,... View More

2 Answers | Asked in Divorce, Child Custody, Child Support, Family Law and Real Estate Law for Oklahoma on
Q: How can I pursue divorce with full custody and 50/50 split of house profits in Oklahoma?

I'm considering asking my spouse for a divorce as I am unhappy in my marriage. We have one child together. My spouse has been unemployed for over three years with no effort to find stable work or income. I want to have full custody of our child and would like to sell the house, splitting any... View More

Aaron Bundy
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answered on Oct 19, 2025

The divorce process begins by filing a petition, which then follows a specific legal timeline that includes financial disclosures and, if there is no agreement, a trial. Your request for a 50/50 split of the house profits aligns with Oklahoma's equitable distribution principles, and your... View More

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1 Answer | Asked in Divorce, Contracts, Business Law and Family Law for Oklahoma on
Q: Can I keep the truck my husband financed for me during our divorce?

I'm planning to file for divorce and need advice regarding a truck my husband financed in his name. He verbally stated that the truck was intended for my use and that it would be mine as long as I pay for its loan and insurance. Now, as I prepare to file for divorce, he's demanding that I... View More

James L. Arrasmith
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answered on Sep 11, 2025

Because the truck is financed in your husband’s name, he is legally the owner until the loan is paid off and the title is transferred. Verbal statements about gifting it to you may help your position, but without a signed agreement or completed title transfer, your claim is weaker. Courts often... View More

1 Answer | Asked in Divorce, Domestic Violence, Employment Law and Family Law for Oklahoma on
Q: Seeking pro bono attorney for divorce case involving domestic violence and safety concerns in Oklahoma.

I need an attorney to represent me in a divorce case, ideally on a pro bono basis until a judge can potentially order my common law husband to cover my legal fees. My husband, a convicted felon, possesses guns given to him by his father at my house. Additionally, his brother, a reserve police... View More

James L. Arrasmith
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answered on Sep 8, 2025

Given your situation, your safety is the most urgent concern. Reach out immediately to a domestic violence hotline or shelter, which can provide guidance, safe housing, and connections to legal resources. These organizations often have relationships with attorneys who can take cases pro bono or... View More

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