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Oklahoma Divorce Questions & Answers
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 Divorce, Adoption, Child Custody and Child Support for Oklahoma on
Q: In Oklahoma, I am the custodial parent, I have been married to my wife for 3 years we have been together since 2018.

The non custodial has been absent since 2017 and paid child support only one time in dec 2020 is my wife able to adopt my daughter? The non custodial parent lost her rights in court and has failed to cover her part of support and has had little to no contact over the last 6 years.

Charles Watts
Charles Watts
answered on Mar 3, 2023

Step parent adoptions are very common and to answer your question, and based on your given facts, probably yes. There are some avenues we often pursue to get that permitted through the courts. This is not something you will want to do on your own if you suspect resistance. Contact an adoption... Read more »

1 Answer | Asked in Divorce and Appeals / Appellate Law for Oklahoma on
Q: Submitted my Petition in errors, and certified order to the Supreme Court. How long after for transcripts and briefs?
Evan Humphreys
Evan Humphreys
answered on Feb 23, 2023

Rules vary for criminal and civil appeals and there are further differences within civil appeals based on the type of case and the type of order you are appealing from. But the general rule is that the record must be completed within six months of the date of the order appealed. And the brief in... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I'm in Oklahoma. My wife just filed for divorce and I would like to know if she can serve me with divorce papers?

She gave me papers about a Temporary Order and a court date hearing. At this point, I'm unable to afford representation in my behalf. How do I respond to the papers handed to me? Do I go to the court hearing date? What is the procedure and process to that?

Pete David Louden
Pete David Louden
answered on Feb 20, 2023

Unless you waive formal service, her handing you the documents is not proper service. With that said, now that you know she has filed take the documents she gave you to an experienced family law attorney so that they can prepare a response and begin preparing your case for hearing.

Best of luck!

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I'm in Oklahoma. My wife just filed for divorce and I would like to know if she can serve me with divorce papers?

She gave me papers about a Temporary Order and a court date hearing. At this point, I'm unable to afford representation in my behalf. How do I respond to the papers handed to me? Do I go to the court hearing date? What is the procedure and process to that?

John Michael Frick
John Michael Frick
answered on Feb 20, 2023

Personally, no. Her handing you the paperwork does not constitute formal service of process. It’s a rare courtesy.

Take the papers she gave you to a competent attorney with family law experience in or near the county where the divorce proceedings are filed well before the date of the...
Read more »

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult... Read more »

John Michael Frick
John Michael Frick
answered on Feb 10, 2023

It sounds to me like you hired a cut rate lawyer and received cut rate service.

You likely do not have grounds to vacate your divorce decree if one has been signed by a judge.

If there are substantial things you want changed in the divorce decree, you should contact an experienced...
Read more »

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is there an internet form I can print 2 vacate a divorce decree & submit N court ? Do U think I have cause 2 vacate? V

We signed a divorce decree >30 days ago , In District Court - Oklahoma City. I was intimidated, my attorney yelled! I would have to pay her $2000 more if she had to take this to trial ! Then she yelled I won't represent u at a trial! ( I've paid her using loans from my adult... Read more »

Charles Watts
Charles Watts
answered on Mar 3, 2023

Unfortunately, there are other things at play. Other sides of every story. I am sorry you feel your lawyer did not represent in the manner you felt best. Trials are expensive and there are costs involved in discovery that would have to be paid. In all my atty-client agreements they all have a... Read more »

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Charles Watts
Charles Watts
answered on Dec 28, 2022

Contact a family law attorney. Getting divorced can be a simple process and can also be a complicated one, so you need someone assisting you through the process. If the inmate is in Oklahoma then getting good service is relatively straightforward, but requires a few extra loopholes to be jumped... Read more »

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I missed my initial divorce hearing, due to a misunderstanding of the summons. Can I request a new hearing? Which form?

Particularly like to re-visit custody and child support portions of the decree. Any info is greatly appreciated.

Pete David Louden
Pete David Louden
answered on Dec 9, 2022

First thing you should do is take all of your documents to an attorney so they can check the court file and see if either a temporary order or a default decree has been filed. If there has been a default order entered and you catch it quick enough you may be able to seek relief. After sorting out... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: why can't I file my own case? Wanting to file "Petition for Disolution of Marriage" but they won't provide forms (?)

soon-to-be-EX-wife is agreeable, but they say I need a lawyer, which is NOT TRUE. All filings and documents, and FORMS to file said documents are PUBLIC...I, too, am PUBLIC. So why do I run into a brick wall? Why is there no help for me, John Q. PUBLIC?

Pete David Louden
Pete David Louden
answered on Nov 16, 2022

You are correct. There is no requirement to have an attorney represent you in a divorce case in Oklahoma. Any Oklahoma resident who meets the jurisdiction requirements can file their own divorce proceeding. With that said, the court does not provide forms to file for divorce, but you can file your... Read more »

1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... Read more »

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... Read more »

1 Answer | Asked in Divorce, Family Law and Tax Law for Oklahoma on
Q: I need to know who has POA over me. can u help me

I know a loan on my house was done when I was in prison. and this same person remarried myself and Logue. I thought I was divorced in 2012. But I have been supporting him and his other females unknown to me. My trust I had got wiped clean and now I'm over 20,000 in debt

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are asking specifically regarding the IRS or State you can call, confirm your identity, and see who has an active Power of Attorney on your account. The representatives you speak to should be able to give guidance on how to revoke that power as well.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: what is the statue of limitations on real property division after divorce, in the state of oklahoma?
Charles Watts
Charles Watts
answered on Oct 15, 2022

Property division should have been covered in your decree. Majority of property division is done prior to decree additionally there is normally a clause in the decree when one person does not transfer title, usually within 30 days, then the decree can be used to get the transfer complete without... Read more »

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... Read more »

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: My ex husband has stopped the $300 a month in alimony. Can he do that?

The money is to be transferred the 1st of every month. I’ve been divorced since 2009.

Gary Johnston Dean
Gary Johnston Dean
answered on Aug 5, 2022

You haven't given me enough information to answer you. You should read the alimony provisions of your divorce decree to see when your alimony terminates. If it hasn't terminated, contact a family law attorney for help.

2 Answers | Asked in Divorce for Oklahoma on
Q: Do i have to buy her out of the house if she never contributed and is taking the kids and moving out of the state?

she doesnt want the house

Randy Bryan Ligh
Randy Bryan Ligh
answered on Jul 14, 2022

There's not enough information to properly respond to this question. That said, you are talking about real estate, presumably breakup of a marriage, and kids are involved, I highly recommend that you contact and consult with obe or more family law/divorce attorneys in your area -----discuss... Read more »

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1 Answer | Asked in Criminal Law, Divorce, Civil Litigation and Civil Rights for Oklahoma on
Q: Can I post a picture of my husband and his truck on social media

My perfect husband was identified picking up a prostitute on South side of okc so I took a picture of him and his truck with the caption I WAS BUSTEX PICKING UP A NASTY DIRTY XX AND I DIDNT CARE THAT THEY MAY HAVE MANY diseases so if you **** or xx me please message me cuz my wife has the right to... Read more »

Charles Watts
Charles Watts
answered on Jun 20, 2022

Short answer is people post many things on social media - often before thinking about the long-term effect. Can you and should you are not necessarily equal partners. As with almost every lawyer, the advice is do not post it. Seek counseling for you both, and if that fails then dissolution can... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: I got the house in the divorce. VA loan in Ex name, both of our names are on the title. How do I get everything my name
Anna L Self
Anna L Self
answered on May 11, 2022

You can either have your ex sign a quit claim deed giving the property to you or if the decree has the legal description and states that you get the house you can file a certified copy of the decree in the county records.

Regarding the loan, you would have to refinance to get the debt in...
Read more »

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