Oklahoma Questions & Answers

Q: Can you file for divorce if your wife is out of the country

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jul 15, 2018
Pete David Louden's answer
If you have lived in Oklahoma six months, You can file a divorce in the county where you have lived for the last thirty days.
View Details »

Q: I don't think the cop had a reason to pull me over before giving me a DUI. Will this help my case?

1 Answer | Asked in DUI / DWI for Oklahoma on
Answered on Jul 15, 2018
Frank A. Urbanic's answer
The cop must be able to articulate a legal reason for stopping you. This is why your attorney should to thorough representation by getting the police report, video(s), and any other available evidence.
View Details »

Q: My husband claims me on his VA benefits still, he hasn't supported me or my children, when I had them home, in 5 years.

1 Answer | Asked in Military Law and Divorce for Oklahoma on
Answered on Jul 15, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. You have waited long enough to receive what you're entitled to from this bum!
View Details »

Q: My car was repo'd almost 9 years ago. The company just started garnishing my wages. Is that allowed this long past?

1 Answer | Asked in Bankruptcy, Consumer Law, Civil Litigation and Collections for Oklahoma on
Answered on Jul 15, 2018
View Details »

Q: Have been living in a camper in the back yard for over a year because my wife and I are having trouble.

1 Answer | Asked in Family Law for Oklahoma on
Answered on Jul 15, 2018
Pete David Louden's answer
The wise move would be to not take any action until you meet with an attorney. Once an attorney knows the full history of your situation and what you would like to achieve they can help you come up with a strategy to give you the best chance of getting what you want.
View Details »

Q: Can I get my kid back with a tca37-1-122

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Jul 15, 2018
Pete David Louden's answer
Get kid back from who and where?
View Details »

Q: Can a women go after you for child support if the kid isn't yours

2 Answers | Asked in Child Support for Oklahoma on
Answered on Jul 14, 2018
Pete David Louden's answer
If you signed an affidavit of paternity (signed the birth certificate) then you have a limited amount of time to rescind. Otherwise, She could file a paternity case but then you can request a paternity test.
View Details »

Q: if you plead no contest to felony embezzlement for a fine of $1000.00, can you still leave that state?

2 Answers | Asked in Criminal Law for Oklahoma on
Answered on Jul 13, 2018
Keegan Kelley Harroz's answer
NEVER enter a guilty plea without consulting with your attorney first. A felony conviction will have serious ramifications on your life, for the rest of your life. Whether or not you can leave the state depends upon your terms and conditions of probation. Again, this is something that you should discuss with your attorney.
View Details »

Q: I currently have a business in the residential construction industry. How can I use it to run a commercial company?

1 Answer | Asked in Business Law for Oklahoma on
Answered on Jul 13, 2018
Reece B. Morrel Jr's answer
It sounds like you currently have an existing LLC. If so, this is a relatively easy process.

You need to surf over to the Oklahoma Secretary of State website, and look for the Trade Name Report.

The filing of this document allows a business entity to use a name other than its "legal" name. The filing fee is $25.00.

The use of a "trade name" is very common especially by franchisees. For example, one of our local restaurants is operated by "Burrito Concepts LLC" - never...
View Details »

Q: How much time does chain of command have to initiate a statement of charges?

1 Answer | Asked in Military Law for Oklahoma on
Answered on Jul 12, 2018
John Cannon's answer
You need legal assistance office or a retained attorney to assist you in your FLIPL rebuttal. Not having a signed hand receipt for government property is potentially a valid defense.
View Details »

Q: If we have reason to believe that my 7 year old stepdaughters mom is leaving her home alone with her 10 year old brother

1 Answer | Asked in Family Law and Child Custody for Oklahoma on
Answered on Jul 11, 2018
Pete David Louden's answer
That may be an option. It will depend on many factors and ultimately boils down to what you can prove in court. Meet with an attorney for a full review of your case and after the attorney has a complete picture of your situation they will be able to tell you your options.
View Details »

Q: Is it allowed to change the beneficiary of an IRA from the spouse to the children during a divorce?

1 Answer | Asked in Divorce and Estate Planning for Oklahoma on
Answered on Jul 11, 2018
Reece B. Morrel Jr's answer
Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.

But it is not a guarantee. For example, it is possible that the husband could argue that the decedent did not have legal capacity to make the change or that the change was made under duress.

If you have additional...
View Details »

Q: What do a person do when there doctor take them off medication they feel they really need

1 Answer | Asked in Medical Malpractice for Oklahoma on
Answered on Jul 10, 2018
Camille Brooks Ibrahim's answer
You can have a second opinion done by another physician.
View Details »

Q: If my brother dies and does not leave a will, but leaves a pod naming my other brother only, does that leave me with not

1 Answer | Asked in Family Law for Oklahoma on
Answered on Jul 10, 2018
Richard Winblad's answer
Unless your surviving brother agrees to share you are probably out of luck since the bank account is controlled by contract.
View Details »

Q: I live in Oklahoma and am trying to give someone power of attorney for me. How can I do this?

1 Answer | Asked in Estate Planning and Tax Law for Oklahoma on
Answered on Jul 10, 2018
Richard Winblad's answer
Be very careful. I have lots of folks who walk in with an online power of attorney. I estimate that about 20% have serious errors. These may be drafting, witnessing, signing, and creating unworkable situations. Most attorneys will provide service on a flat fee basis or may provide you with the documents and instructions.

What about advanced healthcare directives?

Things can be done to avoid probate even without a will or a trust.
View Details »

Q: If my children were removed from my home and the EPO stated 7 days to file petition and it took 10 days what should I do

1 Answer | Asked in Family Law for Oklahoma on
Answered on Jul 9, 2018
Pete David Louden's answer
The very first thing you should do is hire an attorney immediately! Your attorney can look at all of the details of your case and tell you exactly what you need to do in your particular situation to get your kids back. Do not attempt to take on DHS without legal counsel.
View Details »

Q: How should I conduct myself while having full custody?

1 Answer | Asked in Child Custody for Oklahoma on
Answered on Jul 9, 2018
Pete David Louden's answer
There are many factors that come into play when custody is contested and what you should be doing or not doing is going to be driven by the specifics of your situation. You are going to need a formal consultation with an attorney in your local area to discuss this matter in detail. Once the attorney has a complete history and specific facts unique to your situation they will be able to answer all of your questions.
View Details »

Q: Conflict of interest. Both were assigned the same lawyer.

1 Answer | Asked in Criminal Law, Appeals / Appellate Law and Civil Rights for Oklahoma on
Answered on Jul 8, 2018
Keegan Kelley Harroz's answer
It sounds like he consented to the representation and therefore waived his rights. He voluntarily negotiated a plea agreement and is going to have to live with that decision.
View Details »

Q: Should a person who is on probation for making a terroristic threat be allowed to sit in the courtroom during another

1 Answer | Asked in Criminal Law for Oklahoma on
Answered on Jul 8, 2018
Keegan Kelley Harroz's answer
Yes. The court is open to the general public. Transparency is key to our entire justice system and this person has the right to observe so long as the court rules are being followed.
View Details »

Q: How to file for discovery in Oklahoma dhs TPR PROCEEDINGS?

1 Answer | Asked in Criminal Law, Family Law, Civil Rights and Juvenile Law for Oklahoma on
Answered on Jul 7, 2018
Doak Willis' answer
There is certain statutory provisions in Oklahoma that must be followed before DHS records are made available in any case. You will need to hire an attorney familiar with DHS proceedings to represent you to file the necessary motion to have those records made available.

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.