Oklahoma Divorce Questions & Answers

Q: My wife's ex husband was ordered to pay $580 per month for CS but DHS only collects $460. Is he liable for the rest?

1 Answer | Asked in Divorce and Child Support for Oklahoma on
Answered on Apr 8, 2019
Kyle Persaud's answer
If the court order directing payment of $580 has not been modified, the father is required to pay all of it.

Q: How does paternity work in Oklahoma when mother was married to another man?

1 Answer | Asked in Family Law, Divorce and Child Support for Oklahoma on
Answered on Mar 6, 2019
Kyle Persaud's answer
If the parents were married to each other at the time of the child's birth, the mother's husband is presumed to be the father.

To rebut this presumption, you have to file a paternity suit in court.

In general, if the the parents were married to each other at the time of the child's birth, you must file the paternity suit before the child turns two years old.

However you can file a paternity suit at any time if:

1. The husband and the mother of the child neither...

Q: How does bigamy work? Does that mean a person's second marriage is invalid? What are the laws for exceptions in Oklahom.

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Answered on Feb 15, 2019
Keegan Kelley Harroz's answer
There are no exceptions. If you “married” a person who was still legally married to someone else your marriage is void by law. Once the person you married has been divorced for a period of 6 months your marriage will be valid (day 181 is when your marriage legally starts)

Q: I am wanting to get a divorce from my husband after committing adultery.

1 Answer | Asked in Divorce for Oklahoma on
Answered on Feb 13, 2019
Doak Willis' answer
District attorneys rarely if ever file charges against folks for adultery in Oklahoma. You should hire an attorney and have him/her file a petition for dissolution. Your case appears to be a simple matter and a good attorney can guide you through the process thus easing your concerns about your past acts.

Q: What is "motion to settle" vs "trial" after reaching settlement through mediation in a divorce in Oklahoma?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 29, 2019
Pete David Louden's answer
Motion to settle resolves an order that was either agreed upon or decided by the judge and the other party does not sign. Purpose is to get the court to sign an order.

A trial means there is no agreement and the court conducts a hearing "trial" to decide all contested issues.

Setting a motion for hearing is usually faster than scheduling a trial.

If you do not have an attorney I would suggest that you get one.

Q: How do I file contempt of court against ex-wife for required payments and against Lane Bryant (Comenity Bank)???

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 28, 2019
Pete David Louden's answer
Your action would be against your ex

not the bank. You can file contempt against your ex if she has willfully violated an order if the court. If found guilty she can be ordered to pay your attorney fees and in some extreme cases even be sentenced to jail.

Q: In Oklahoma, would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
A common law marriage in Oklahoma is a legal marriage just as much as one where a marriage license is procured and then the parties have a traditional marriage before a Judge or other clergy. There is no superseding. In case of divorce or as termed now dissolution, the Court will divide the marital assets and obligations of the parties equitably.

Q: Who is financially responsible for the medical and dental of a minor child?

1 Answer | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Answered on Jan 21, 2019
Doak Willis' answer
The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.

Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.

3 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Oklahoma on
Answered on Jan 20, 2019
Kelli Y Allen's answer
I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.

Q: How is the divorce petition supposed to read when filed if you have no children involved?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jan 7, 2019
Doak Willis' answer
As long as your petition meets all the requirements for a divorce petition to be filed in Oklahoma County and in Oklahoma, it doesn't matter if it was filed under the family and domestic divorce with minor children. You will want to contact the Clerk's office and advise them so it can be set on the other docket without children.

Q: Can I file for divorce in Oklahoma even if my husband doesn't live here anymore?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Dec 29, 2018
Doak Willis' answer
If you have been a resident of the State of Oklahoma for six months preceding the filing of your petition in Court and a resident of the County where the filing takes place for thirty days prior to filing, you can legally file and get a divorce even if your husband no loner lives in Oklahoma.

Q: Divorce advice

1 Answer | Asked in Divorce for Oklahoma on
Answered on Dec 12, 2018
Pete David Louden's answer
To get a divorce all you have to prove is that one of you wants a divorce. To give you an opinion on your odds of custody an attorney would need to know all of the facts of your case. Contact an attorney to discuss your situation and they will be able to explain your options. Pete D. Louden www.nornanlaw.com

Q: My wife has a tax question. Per her divorce decree her and her ex are supposed to alternate years claiming their son.

1 Answer | Asked in Child Custody, Divorce and Tax Law for Oklahoma on
Answered on Nov 19, 2018
Reece B. Morrel Jr's answer
I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.

If it is not clear, I would have your wife's lawyer contact the ex-husband's lawyer to 1.) clarify or 2.) agree to a schedule. If the ex-husband fails to cooperate and insists on claiming the son every year, then it may be worthwhile to have a conversation with your wife's...

Q: I faulted paying adult daughters health insurance, my wife faulted on my visitation w/ me and minor son.

1 Answer | Asked in Divorce for Oklahoma on
Answered on Nov 14, 2018
Pete David Louden's answer
There is not enough info here to sort this out. To get a reliable answer, gather all your documents and meet with an attorney. Once the attorney has a handle on the status of your case they will be able to answer your questions.

Q: What are grounds for annulment of marriage in Oklahoma?

1 Answer | Asked in Family Law and Divorce for Oklahoma on
Answered on Nov 12, 2018
Doak Willis' answer
The grounds are as follows:

1. One party or both are under the age of 18.

2. One party incapable of consenting to marriage due to mental incapacity or incompetence.

3. Married to another person at the time of the marriage.

4. Fraud.

5. Divorced less than 6 months from another person.

You must establish residency in Oklahoma and meet one of the above criteria.

Q: Is it my responsibility to file a final order on the divorce?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Nov 9, 2018
Pete David Louden's answer
Your attorney will draft the decree and present to the court.

Q: Oklahoma Question: Refusal of medical provider to give parent medical bills of 2 minor children. Need help! Thx so much!

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Answered on Oct 26, 2018
Pete David Louden's answer
You are entitled to all records concerning the child. The problem you have described happens all the time. The good news is that there is a solution. Simple solution is hire an attorney to modify your existing court orders to include language that addresses this issue.

Q: My ex-husband passed away without a will. He still owes me 3 years of payments per the divorce degree a lien

1 Answer | Asked in Estate Planning, Divorce and Probate for Oklahoma on
Answered on Oct 26, 2018
Richard Winblad's answer
You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.

Q: does the separation agreement form{no contested items} need to be filed with court??? or is notary good enough ?

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Answered on Oct 22, 2018
Pete David Louden's answer
A notorized agreement is not the same as an order of the court. Your attorney will prepare your agreement in the form of a court order, present to the court for approval, and then file.

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.