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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Where to get free forms for motion for contempt of court . And motion to enforce visitation
Gary Johnston Dean
Gary Johnston Dean answered on Feb 24, 2021

There are no public forms for this. We suggest that you contact a lawyer for help with this issue.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Our divorce case was dismissed in Beckham county in December 2019, for failure to prosecute, neither party showed up.

Can I file pro Se and request judge to reinstate divorce without having to repay filing fees?

Charles Watts
Charles Watts answered on Feb 16, 2021

Generally if the case was truly dismissed then you will have to start the process over with a new filing and everything.

2 Answers | Asked in Divorce for Oklahoma on
Q: I cheated on my husband (2 years ago, he has known about for over a year), he is telling me that if he divorces me

That I am not entitled to half but something like 25% of the assets. Everything we own is communal property (house, cars, boat and camper), we have two minor children and we live in OK.

Charles Watts
Charles Watts answered on Feb 3, 2021

You should contact an attorney to assist you in getting what is rightfully yours and what is fair and equitable. Your indiscretion alone is not sufficient to change the fair and equitable distribution. Unless there is more to the case then you need an attorney to help you get that fair treatment.... Read more »

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2 Answers | Asked in Divorce for Oklahoma on
Q: Is there a time limit once married to change your last name? In Oklahoma

My husband wanted to change his last name to mine once we were married due to a felony conviction on his part. We were together 2.5 years and he never used my name or changed his last name to mine until we filed for divorce, he changed his drivers license to my last name approximately 2-4 days... Read more »

Pete David Louden
Pete David Louden answered on Jan 27, 2021

I agree with your attorney. Direct all question about your case to your attorney.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Default decree10/15/2020, he is in a halfway house, is he able to reopen the divorce?

Can he reopen a default decree that was given on 10/15/2020? He has been in prison 15 out of 19 years of marriage, never held a job, nor did he stay at home and take care of our 3 kids. He says he wants 1/2 of everything and 19 years of alimony.. I have sole custody of the kids. And a court order... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 30, 2020

If he is represented, the attorney must be licensed in Oklahoma in some form, even if it is a temporary licensure (pro has vice). If he was not properly served, or not given a reasonable opportunity to challenge the divorce, Especially as it comes to child custody and child support, then some... Read more »

2 Answers | Asked in Divorce for Oklahoma on
Q: If I am served papers, do I need to sign them right away? Or can I take them with me, review them, & sign when ready

My wife filed a petition for divorce. I’m being served papers tomorrow. My spouse’s father is telling me to meet him tomorrow morning with a notary to sign the papers. Do I need to sign them then or can I take them, read over them, and sign and get them notarized when I’m ready?

Issue... Read more »

Charles Watts
Charles Watts answered on Dec 23, 2020

A notary is not needed to be served papers. You should NOT sign anything when being served. You should receive a copy of the summons as well as the petition. Then you have a little over two weeks to file your answer/response with the court. If you have any other questions then reach out to a family... Read more »

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3 Answers | Asked in Divorce, Family Law, Child Custody and Child Support for Oklahoma on
Q: Is it illegal for a judge to deny you council during a divirce?

I was denied the right to find another lawyer for our divorce. Hard to explain in a summary. But my lawyer was Haha hehehe with my ex husband's attorney when u arrived for court my lawyer pulls me aside and quits and takes everything like police reports domestic violence pictures and so... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

If you mean does the court appoint an attorney for you like in a criminal case, no.

You would need to hire an attorney to represent you in a divorce case.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Personal Injury for Oklahoma on
Q: My husband falsified a lease to obtain an Oklahoma driver's license nit Oklahoma residents who takes care of this

He filed for a divorce under same ID im driving 6 hrs neither of us are residents of the state he then lied and put an exparte on me the judge rolled her eyes when I chose to fight an attorney I paid did not go to court dropped it seeing me for 10,500 I paid him 1500 up front he made me print out... Read more »

Pete David Louden
Pete David Louden answered on Dec 20, 2020

Did you have a question?

1 Answer | Asked in Consumer Law, Divorce and Banking for Oklahoma on
Q: Am I financially responsible for my ex wife’s credit card?

She called me while I was at work and asked if I wanted another credit card. I told her no as I already have 3 personal credit cards and don’t want anymore. When I got home she told me she signed up for the card but didn’t put my name down. The bank account was in my name and which she used to... Read more »

Brian Boeheim
Brian Boeheim answered on Dec 16, 2020

It depends on a lot of things. The wording of your decree regarding debt, the timing of the purchases, and whether it is a debit or credit card. I wish I could help you more, but I would hire an attorney to help you clear it up.

1 Answer | Asked in Divorce for Oklahoma on
Q: My mother and Steph father got divorced 17 years ago and we found out today it was never finalized by my moms attorney

Since they have been divorced he inherited 7million dollars. Is there anyway she is entitled to any of that money? She is almost 70 and still works full time, so if she could get some of that money it would make her life a LOT easier. The divorce took place in Oklahoma

Pete David Louden
Pete David Louden answered on Dec 1, 2020

An inheritance would be his seperate property.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I am trying to find the form to send out to compel the income and tax documents under OS Title 43 Section 118.3
Pete David Louden
Pete David Louden answered on Nov 17, 2020

I am not aware of any form. Attorneys typically draft their own documents.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: How do I file a motion to stop relocation of my children?

My husband moved my children out of state with out judges permission an mine he made it seam like it was a visit but he has moved

Brian Boeheim
Brian Boeheim answered on Oct 23, 2020

You really need to hire an attorney for this type of action. It i a breach of the child custody order and would be considered contempt. There are certain hurdles a person must jump through if they move more than 75 miles or outside the agreed distance in the decree or paternity order.

1 Answer | Asked in Criminal Law, Divorce and Child Custody for Oklahoma on
Q: Case number # 20 - 54904.. what does this case number pertain to
Charles Watts
Charles Watts answered on Oct 19, 2020

That case number could be a case file number for a particular agency or municipality, however that format does not work with OSCN or any of the county/state courts.

1 Answer | Asked in Divorce for Oklahoma on
Q: Can spouse (that been separated) add me on credit card without my authorization after been removed?

In May when I called this credit card company they said I was not on account they could not talk to me and would be off my credit and now 4 months later I'm on the magically on the account. Been spareted since Oct. 2016. Filed for divorce in Feb. 2016.

Brian Boeheim
Brian Boeheim answered on Sep 23, 2020

If you filed for divorce in 2016, my first question is why hasn't that been finalized? Nothing should take that long unless you have been trying to reconcile. Next, with the divorce petition you both should have signed an ATI (automatic temporary injunction), which in simple terms freezes... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife has given me permission to sleep with other people. Is this still an affair to the courts in Oklahoma?

We are living at different homes and she explicitly said I could sleep with other people, which is saved in a text message. Is it possible for her to attempt saying I cheated on her despite having her permission?

Pete David Louden
Pete David Louden answered on Sep 22, 2020

Oklahoma is a no fault divorce state so under most situations none of this matters.

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2 Answers | Asked in Divorce for Oklahoma on
Q: I need to know if it is legal to sell property that is part of marital assets during a divorce proceeding in Oklahoma
Charles Watts
Charles Watts answered on Sep 22, 2020

In the majority of divorce proceedings there is an automatic temporary order. This prevents selling, disposing, destroying, etc.... any marital assets. Likewise, insurances must remain intact as well. Even with the temporary order in place a judge may give permission for one or the other party... Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: Married 20 years wife left been gone 1 year since I served divorce papers she wants half house..but to me she abounded
Charles Watts
Charles Watts answered on Aug 24, 2020

If the house was purchased during the marriage, it will be considered marital property and part of the equitable distribution of the marriage.

2 Answers | Asked in Divorce for Oklahoma on
Q: In Oklahoma do we have to go through marital counseling before the divorce is finalized
Brian Boeheim
Brian Boeheim answered on Aug 23, 2020

For a divorce without children there is no counseling required. if you have children then there are two classes that you must take. Currently, due to COVID they are on-line and not in person.

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2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: Do I HAVE to go to court to determine who will get custody of the kids on certain days?

Me and my separated husband has 3 kids. We haven't been to court yet. But we signed a paper that I typed out saying that he gets them half a week and I'll get them the other half. I heard that my kids dont get fed well and are mistreated while they are at there dads house. I want to keep... Read more »

Pete David Louden
Pete David Louden answered on Aug 12, 2020

I think your options are going to be based on the evidence that you have to back up your allegations. The moves you make a the start of a case can have an impact on the final outcome. So, do not make any legal decisions without first meeting with an attorney. The attorney can review what you have... Read more »

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My wife and I split up after i caught her cheating. If I take her to Court to help pay our kids bills could i lose kid?

After I caught my wife cheating we felt it best she move, we split custody 50/50 haven't gotten a "proper" divorce decree, she did not want to take that route. I have always paid 100% of the child care and my daughters insurance on top 100% of our mortgage and home ins. (etc),... Read more »

Brian Boeheim
Brian Boeheim answered on Jul 31, 2020

It is a complex question with a complex answer. It appears as if you have financially supported everyone for a period of time. It also appears that you wife no longer needs you complete financial support. Need is a primary issue when looking at spousal support. Regarding the child support; it... Read more »

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