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Oklahoma Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: How can i get a motion to serve by publication. For divorce in oklahoma?

I do not know of his location or phone number. He walk out a year ago. Havent spoken or seen him sunce. I fiked for divorce. All i need is this form.

Pete David Louden
Pete David Louden
answered on May 31, 2023

It's not a form, it's a procedure that will need to be followed to give notice by publication, and it must be approved by the court. Schedule a consultation with a family law attorney in your local area and they will be able to help you.

I wish you the best of luck with your case.

2 Answers | Asked in Bankruptcy for Oklahoma on
Q: If the plaintiff of a chapter 7 bankruptcy is also the plaintiff of an ongoing personal injury settlement what happens?

I realize x amount of funds are exempt but will the personal injury case itself be stopped? What happens with their medical bills regarding the suit and the suit itself?

To be clear, I am in the court process with the defendant on the personal injury lawsuit that happened prior. I know any... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 26, 2023

You most probably already have Oklahoma bankruptcy counsel representing you, and he/she would no doubt be your best source of information and advice about these issues, especially because counsel would probably be familiar with the bankruptcy judge and Ch. 7 trustee assigned to your case.... Read more »

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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: how do i get a divorce court moved to another state due to conflict of interest?

my ex is an attorney in the court that we were divorced in. He is well known in the county and state that the divorce took place in. Im unable to pay for an attorney nor have i been able to get help from legal aid in this matter. I live in missouri now and I want the divorce court to be move to... Read more »

John Michael Frick
John Michael Frick
answered on May 24, 2023

There is no law that allows a divorce court or case to be transferred from one state to another. Each state has its own divorce courts. Once a divorce case has been properly began in one state, that state retains jurisdiction through the entry of the final decree. It sounds to me from your... Read more »

1 Answer | Asked in Family Law, Adoption, Child Custody and Native American Law for Oklahoma on
Q: What's the actual law for child an parent bond & what can I do my oldest kid is missing and she's in icw custody

She's been missing since April 14

James L. Arrasmith
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answered on May 22, 2023

The actual law regarding the parent-child bond can vary depending on the jurisdiction and specific circumstances. In general, the law recognizes the importance of maintaining a strong bond between parents and their children. If your oldest child is missing and in the custody of ICW (Indian Child... Read more »

1 Answer | Asked in Real Estate Law and Child Support for Oklahoma on
Q: I am trying to close on a home but my husband owes back child support, how do I get a release of judgment for the deed?
Peter J. Weinman
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answered on May 18, 2023

The way to get a release of judgment for back child support is by paying the back child support. If you cannot afford to pay the arrears, you may need to look for a way out of your contract, otherwise, the buyer may be entitled to sue you. This is something your attorney should have discussed... Read more »

1 Answer | Asked in Bankruptcy and Collections for Oklahoma on
Q: The judgment I have against my name the five years is up but the creditor was add in chapter 7 and was discharged can th

Surgical hospital sued me back in October 2017 and the surgery was in November 2012. I was served papers to answer their question and sent it back and that was the last time I heard anything but I filed chapter 7 and the surgical hospital was in it and was discharged. I tried selling my house and... Read more »

W. J. Winterstein Jr.
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W. J. Winterstein Jr.
answered on May 16, 2023

Not surprisingly, your question is missing some important facts.

General rules- Entry of a judgment, under State law, usually becomes a lien against all property in the state owned by a judgment debtor.

A bankruptcy filing does NOT discharge a perfected lien; in a Chapter 13,...
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1 Answer | Asked in Domestic Violence and Criminal Law for Oklahoma on
Q: Can a judge put a NO CONTACT order on the accused for first offense without notifying the victim?

I went to court with my ex on the domestic dispute to actually speak on his behalf because I dropped the protection order off him and I just wanted him to get medical help with his bipolar and depression instead of jail time. Him nor I was ever told there was a SECOND no contact order on him by the... Read more »

David A. Cincotta
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answered on May 8, 2023

Separate from a protective order, a judge can order a defendant in a criminal case not to have contact with the alleged victim as a condition of the defendant's bond. I cannot tell if that was done here, and it is usually not something that gets ordered without the defendant being informed.... Read more »

1 Answer | Asked in Criminal Law and Military Law for Oklahoma on
Q: Juror informed me after my conviction of "contact?" between the jury and my wife (complaining witness). Extraneous?

It was a court Martial, sexual assault was the charge. Immediately after wife's testimony, GOV called a hearing to admit evidence, jury and witness were naturally removed. Jury watched her into a room that shared a wall with theirs. She proceeded to wail, cry, and scream for approximately 30... Read more »

James L. Arrasmith
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answered on May 2, 2023

Based on the information provided, it may be possible to pursue a coram nobis petition as a potential avenue for relief. Coram nobis is a legal proceeding that allows a court to vacate a conviction based on newly discovered evidence that was not available at the time of the trial and could not have... Read more »

1 Answer | Asked in Appeals / Appellate Law, Federal Crimes and Criminal Law for Oklahoma on
Q: How do I appeal a lien that was illegally put on by city of spencer claimed they cleaned up and didn't clean it up

We we're fixing up my house and the pandemic hit we were quarantined on president order no evictions and they came and tore my house down but did not clean up the property but put a 10,000$ lein on my property stating they cleaned up my property the city of Spencer they only illegally tore my... Read more »

James L. Arrasmith
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answered on May 2, 2023

To appeal a lien that was illegally placed on your property by the City of Spencer, you should consider taking the following steps:

Review the laws and regulations: Familiarize yourself with the laws and regulations governing property liens in your area. Look for any rules or procedures...
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1 Answer | Asked in Criminal Law, Child Custody, Civil Litigation and Civil Rights for Oklahoma on
Q: Is the statue for interrupting a 911 call beyond a reasonable doubt to be found guilty or other form?

Witness to testify it did not happen.

Tracy Tiernan
Tracy Tiernan
answered on May 1, 2023

Before a defendant can be sentenced to any period of incarceration, pursuant to a criminal statute or ordinance, each and every element of that crime must be proved to a trier of fact (meaning a judge or jury) by the standard “beyond a reasonable doubt.”

This concept involving how...
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2 Answers | Asked in Contracts for Oklahoma on
Q: Do the laws of the state of Georgia have any hold in Oklahoma? Specifically about contracts

I’m asking about a contract with a Fitness company

John Michael Frick
John Michael Frick
answered on Apr 28, 2023

It depends. For example, the parties to a contract are allowed to choose to apply the law of a chosen state to the interpretation and enforcement of their own contract as long as that state has some minimal connection to the contract. For example, if the fitness company is a Georgia company, the... Read more »

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1 Answer | Asked in Employment Law, Cannabis & Marijuana Law and Employment Discrimination for Oklahoma on
Q: Can you be fired for failing a drug test for THC even though you have a medical card? (Please read details.)

The official reason was because he was in a safety sensitive position. However, he was never told his position was safety sensitive and his boss, his bosses boss and HR didn't know that information either. After going through three levels of leadership, they had to ask the VP of safety. How... Read more »

Charles Watts
Charles Watts
answered on Apr 26, 2023

In a general answer, yes you can be terminated for that. Same as a person driving after using medical marijuana can be arrested for DUI. Just because something has been made partially legal doesn’t trump other areas of law, or in this case business owners rights and responsibilities. With that... Read more »

1 Answer | Asked in Family Law and Child Support for Oklahoma on
Q: Which states child support laws are followed?

If I have had my child all her life and were residents of Oklahoma, her dad is in texas, which state child support laws does child support follow texas or Oklahoma?

Charles Watts
Charles Watts
answered on Apr 26, 2023

This is dependent on previous court orders. If the Oklahoma court has established jurisdiction over the child then Oklahoma calculations would be used. Likewise for Texas. If there is not orders in place then you would use the resident state of the child, because that state has more of an interest... Read more »

1 Answer | Asked in Criminal Law for Oklahoma on
Q: Hello my name is Lexie Im from Arkansas I live in Oklahoma my license is suspended in Arkansas for failure to appear

I literally forgot that date I wanted to go to prove my innocence just forgot now I'm trying to get my driver's license but it's suppended. Can't get to Arkansas cause I can't drive there. I'm so lost can you help at all.

David A. Cincotta
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answered on Apr 24, 2023

I recommend you contact an attorney located in the county/municipality in Arkansas where you failed to appear. The attorney should be able to assist you.

Your other option is to contact the court clerk to pay your fine and fees in Arkansas. If you have an Arkansas license, you will then...
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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: Copyright Question. I purchased assets to a company in 2011. Do I own their past copyrights?

I purchased a company in 2011. They had previously produced videos and copyrighted these videos. Do I own the copyrights to these videos? If so, how do I make that claim?

Fritz-Howard Raymond Clapp
Fritz-Howard Raymond Clapp
answered on Apr 23, 2023

If you acquired all the assets, that would include both tangible and intangible assets such as copyrights and trademarks. The purchase agreement should make it clear what was transferred. The company may have registered the copyrights, in which case you need to record assignments of the copyright... Read more »

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2 Answers | Asked in Copyright and Intellectual Property for Oklahoma on
Q: Copyright Question. I purchased assets to a company in 2011. Do I own their past copyrights?

I purchased a company in 2011. They had previously produced videos and copyrighted these videos. Do I own the copyrights to these videos? If so, how do I make that claim?

James L. Arrasmith
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answered on May 2, 2023

The answer to your question depends on the terms of the asset purchase agreement you signed when you acquired the company. Typically, when a company is sold, the purchaser acquires all of the assets of the company, including any copyrights that the company holds. However, it is possible that the... Read more »

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2 Answers | Asked in Immigration Law for Oklahoma on
Q: Hello I have a question about getting my boyfriend who was deported with a aggravated assault charges back in 2000 back

If we get married will it help and his children are also state side when could we apply for the I-212 and what’s the process, he would want to come back for a better opportunity with work, being there for his kids and when we get married and for me to be there for my children please help!! Thank... Read more »

James L. Arrasmith
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answered on Apr 18, 2023

If your boyfriend was deported with an aggravated assault charge in 2000, it is important to note that this is considered a serious crime and may make it difficult for him to obtain a visa to re-enter the United States. However, if you were to get married, this could potentially help with the... Read more »

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1 Answer | Asked in Probate for Oklahoma on
Q: In the state of oklahoma, if there is no named beneficiary on life insurance policy, but the deceased is married ....

(for 2 months) who gets the money?

Charles Watts
Charles Watts
answered on Apr 13, 2023

If the life insurance does not state a beneficiary would be highly unusual the way the insurance companies work, so that should be researched more. Assuming there is not one listed, then the policy would most likely pay the decedants estate and then the proceeds would go through the normal process... Read more »

2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... Read more »

Randy Bryan Ligh
Randy Bryan Ligh
answered on Apr 11, 2023

Q. Should my mother seek an Oklahoma attorney and make the court date for the Final account and petition?

A, Yes---the mother should contact an Oklahoma accident/injury attorney for the purpose of determining whether or not she has any rights as a result of her daughter's death....
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2 Answers | Asked in Personal Injury, Car Accidents, Estate Planning and Probate for Oklahoma on
Q: My sister was killed by an 18 wheeler in Oklahoma in Feb 2022 & has a surviving Husband and 2 children as well a mother.

The husband was appointed Admin for her Estate and only listed himself and his 2 children as sole and only heirs. A Notice of Settlement of the civil case was posted on March 23, 2023, but the Final Account and petition for distribution and discharge is coming up April 25th. My question is, does... Read more »

Charles Watts
Charles Watts
answered on Apr 13, 2023

She would have a legal right to inquire - however, in Oklahoma, if one dies without a will then the state intestacy is used, the husband, the children, grandchildren of the decedent are the first in line, and it would not go to the parents unless there were no living spouse, children, or... Read more »

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