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Oklahoma Divorce Questions & Answers

1 Answer | Asked in Divorce for Oklahoma on

Q: During a divorce in Oklahoma when one party commits a felony act against the other, is that grounds for no fault?

Pete David Louden answered on Jul 15, 2019

Any divorce can be a no fault divorce granted on the grounds of incompatibility.

1 Answer | Asked in Arbitration / Mediation Law, Divorce, Criminal Law and Civil Rights for Oklahoma on

Q: 2015 Divorce there is a temporary protective order issued to coincide with this case to divorce was final in 2016

Protective order should be looked at before finalise this case the case has been finalised and the PO was never look at or address it was a temporary order with no date is it still good or ?

Doak Willis answered on Jul 12, 2019

If the protective order was issued in the course of the divorce in that case and not filed in a separate protective order case filing with a different case number, the temporary orders in the divorce become null and void after the rendition of the decree of dissolution unless the protective order... Read more »

1 Answer | Asked in Child Support, Divorce, Family Law and Real Estate Law for Oklahoma on

Q: My parents divorced 20 years ago. Mother never sold house as directed. Now she is passing. What type attorney is needed?

Fathers estate has 3 people that are not on mothers. When mother passes there will questions regarding the property and whonis goes to. Only myself and sster are on both estates. Father only payed 18 months or mortgage before divorcing mother and died owing substantial childsupport. Would court... Read more »

Hans Otto Lehr answered on Jul 9, 2019

I would say that you need the services of an experienced family law practitioner licensed in the State of Oklahoma. That person should be able to handle most (if not all) of the issues that you're experiencing now.

1 Answer | Asked in Divorce for Oklahoma on

Q: In Oklahoma during a divorce can a property be sold by the sole owner for non payment of the mortgage

My wife and I are getting divorced. She has possession of the house and wants to keep it in the settlement. The house is entirely in my name ,but she has stopped paying the mortgage.

Pete David Louden answered on Jul 1, 2019

If the divorce has been filed, there is an ATI (automatic temporary injunction) in place. You need to hire an attorney before doing anything to make sure you do not violate the ATI or anything else that could cause a problem.

1 Answer | Asked in Divorce and Family Law for Oklahoma on

Q: Can a husband and wife file for permanent legal separation and not divorced and can they live together while separated?

Doak Willis answered on Jun 29, 2019

There is nothing in Oklahoma law that is a permanent legal separation. If you or she has filed paperwork in Court asking for a legal separation, there is nothing in the law to prohibit you two with living together while legally separated. Legal separations are normally used by couples wanting an... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on

Q: Can you be married to one person and common law married to someone else?

My Divorce is on hold because he won't sign or show up and I am living with someone else and pregnant with boyfriends child.

Pete David Louden answered on Jun 28, 2019

Not without committing a crime. It is not legal to be married to two people at the same time.

Hire an attorney and they will be able to help you resolve this issue.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on

Q: Can you be married to one person and common law married to someone else?

My Divorce is on hold because he won't sign or show up and I am living with someone else and pregnant with boyfriends child.

Doak Willis answered on Jun 29, 2019

You cannot be married to two people at the same time. You can force your husband to appear for the final hearing in your divorce by setting it for a final hearing and giving him notice to appear on that date. If he doesn't appear, the Judge will grant your divorce by default. He doesn't have to... Read more »

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1 Answer | Asked in Divorce and Family Law for Oklahoma on

Q: I have been separated for 3 years & filed for divorce 2 1/2 years ago but husband won't sign divorce papers.

I'm currently pregnant by someone else can I still file for divorce by default?

Hans Otto Lehr answered on Jun 28, 2019

While you are pregnant, your future-former husband is the presumed legal father of your unborn child, unfortunately. You may be able to still proceed with pursuing a default divorce decree to a point. This will almost certainly require the assistance of a licensed attorney who has experience in... Read more »

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on

Q: In Oklahoma during a divorce can a property be sold by the sole owner for non payment of the mortgage

Doak Willis answered on Jun 27, 2019

In Oklahoma, a real property, even if owned by a person who is married which was owned prior to marriage by one spouse or purchased after marriage but listed only in one spouses name, requires both spouses signatures on the deed conveying the property to another person to be valid. During a... Read more »

1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on

Q: So my wife has been committing adulterous activity in our marriage. Even before we separated, we are still married and

Now claiming the mans last name. What can be done if anything? I’m in Oklahoma.

Pete David Louden answered on Jun 21, 2019

You must decided whether or not you want to stay married to this person. If you do not wish to stay married, consult with an attorney about filing a divorce.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on

Q: In divorce I settled for 5000 and ex kept house. A lien was put on house to ensure payment and is in decree as such.

I want to take house due to non payment. Can i?? Will judge grant right of entry or to sign deed over due to non payment. He is renting house out and lives in Texas. If not I will foreclose on my lien which I know I can. All filings are in Oklahoma.

Doak Willis answered on Jun 21, 2019

You will have to foreclose your lien before the Judge or the sheriff can sign over a deed to the property.

1 Answer | Asked in Divorce for Oklahoma on

Q: My spouse got a divorce kit is that good?

Hans Otto Lehr answered on Jun 20, 2019

I'm not entirely certain what you mean by "divorce kit." However, if you're referring to filed out paperwork to file the divorce, do not sign those without having a licensed attorney first review them. Further, do not agree to or sign anything without first consulting with an attorney licensed to... Read more »

1 Answer | Asked in Divorce for Oklahoma on

Q: Can the divorce be in and out when the judge sees us?

We have nothing to attach us no house no kids nothing we just want the divorce after the papers are signed will it be in and out when we see the judge? Also she went and got a divorce kit with papers and a CD! Seems sketchy to me what do you think of the kit?

Pete David Louden answered on Jun 20, 2019

A divorce requires a court appearance and testimony. DO NOT sign any documents someone sticks in front of you without having your own attorney review.

1 Answer | Asked in Divorce for Oklahoma on

Q: We have no house,kids,car,or anything together she abandoned me! Left with a guy a few years ago and we want a divorce!

I want to get a fast easy divorce preferably with not court date or atterney just to sign and be on our way! Everything is agreed on we both want nothing but the divorce

Pete David Louden answered on Jun 20, 2019

A divorce, even a simple divorce, will require a court appearance and testimony.

Whatever you do, don't use documents you find on the internet or documents drafted by anyone other than a licensed attorney.

1 Answer | Asked in Child Custody and Divorce for Oklahoma on

Q: going through a divorce, with child, if i fire my attorney can she use hers in court while i dont have one? state of ok

Pete David Louden answered on Jun 19, 2019

Yes, it is her right to have an attorney. Whether you have an attorney or not has nothing to do with her right to counsel.

If you are not happy with your current attorney you can hire a different attorney. Whatever you do, DO NOT attempt to represent yourself as most of the time this...
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1 Answer | Asked in Divorce for Oklahoma on

Q: How do I fill out paperwork for an uncontested divorce with no children in Oklahoma

Pete David Louden answered on Jun 18, 2019

Whatever you do, DO NOT use forms you find on the internet or documents prepared by anyone other than a licensed attorney. I have seen so many cases get really messed up over the years by people trying to do a divorce on their own that I recommend everyone get an attorney. If it is uncontested it... Read more »

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on

Q: My step daughter has 3 kids and filed for divorce. Is parenting class required? What if he won't go? Is she out of luck?

She insists the Judge told her the divorce won't be granted unless they both attend this parenting class. He refuses to go. What remedy does she have to get the divorce finalized and get an order for child support? He gives her no money for the small kids (3 under age 4). She is not working and... Read more »

Hans Otto Lehr answered on Jun 17, 2019

Starting with the divorce questions, yes, attending the Helping Children Cope with Divorce class is mandatory for both parents and is offered at Family and Children's Services. If she is receiving certain types of state services through DHS, she may be able to waive the fee for the class.... Read more »

1 Answer | Asked in Criminal Law, Divorce and Family Law for Oklahoma on

Q: If a person is legally separated in Tulsa Oklahoma is it illegal to have a sexual relationship with someone else?

If you are legally separated and don't plan on getting divorced. Youngest child is 19 years old and still lives at home and my wife and I will be living together but want a legal separation indefinitely.

Keegan Kelley Harroz answered on Jun 6, 2019

Adultery is not prosecuted in Oklahoma.

1 Answer | Asked in Divorce for Oklahoma on

Q: I'm wanting to divorce my husband but he's only one on bank account i got no car no money no job bc I'm at stay home mom

What can I do I've called lots of resources but no one can help

Melissa Oxford answered on May 31, 2019

I recommend contacting Legal Aid of Oklahoma or one of the organizations listed on the Oklahoma Bar website to discuss your options. https://www.okbar.org/legalresources/

1 Answer | Asked in Divorce, Child Custody and Child Support for Oklahoma on

Q: Cohabitation

My husband's ex wife has three children (one of which is the daughter they share). The divorce is final. She is currently living with the father of the other two children; they're engaged. Is this legal? I know my husband was not aloud to live with me while we were dating.

Pete David Louden answered on May 17, 2019

It all depends on the language of their decree.

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