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Oklahoma Divorce Questions & Answers

1 Answer | Asked in Divorce for Oklahoma on

Q: I live in Oklahoma my attorney filed divorce though court but can’t reach him is there anything I can do?

I met with him one time to get papers filed and he filed them June 27,2019 I paid the filing fee and everything and I still haven’t received a call back from him to get this done there is minor involved and is a noncontestant divorce he has agreed to sign I need a divorce quick as possible

Melissa Oxford answered on Sep 5, 2019

Under Oklahoma law there is a 90 day waiting period for a divorce when minor children are involved.

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

Q: My husband is harboring our belongings after we discussed getting a divorce.

My husband and I were recently moving into a new household. We ended up deciding to get a divorce in 6 months, and im currently staying at a hotel until im able to fly back to the state i used to live. My husband is threatening to trash or sell our belongings that are held in storage, and... Read more »

Hans Otto Lehr answered on Sep 5, 2019

At this point in time, your best play is to get a divorce on file ASAP. If you do that, you can ask the Judge to make specific Orders regarding your property and insure he doesn't hide, destroy, or otherwise get rid of your property. I'd recommend you contact a family law attorney licensed in... Read more »

1 Answer | Asked in Divorce for Oklahoma on

Q: My soon to be ex wife keeps telling me a date for our divorce hearing, but I have not received any legal documents

Do I have to appear ?

Pete David Louden answered on Sep 3, 2019

You should always appear for all court hearings with an attorney representing you.

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

Q: My ex and I are still married and have not been together for 3 years he is just at resident here in the US...

I put child support on him 4 months ago and have not gotten anything... I also need help with a divorce.I am a single mom and i don't have the money to get one....

Hans Otto Lehr answered on Jul 31, 2019

You may be able to handle your child support action on your own through DHS' Child Support Services office. Most folks go through their process for child support enforcement without the assistance of an attorney.

However, I would always recommend the assistance of an attorney when...
Read more »

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

Q: If a person makes an offer on a house and it is accepted before marriage,is it considered personal property?

I took out a mortgage loan exclusively in my name and solely based on my own personal credit. I then made an offer on a house that was accepted before I got married. The house didn’t close until after I was married. Would it be considered a marital asset under Oklahoma divorce law?

Doak Willis answered on Jul 28, 2019

You must keep a separate bank account on that house if it is to be rented as an investment. All money collected as rent should be put into that account as well as expenses paid on that property should be written on that account. You should not commingle income produced by you or your wife with that... Read more »

1 Answer | Asked in Divorce for Oklahoma on

Q: What will I need to get divorced in oklahoma?

My wife and I have been separated for 9 years. During that time she has had 3 children with 3 different guys. Since Oklahoma law is the fathers name on the birth certificate if you are married is the husband's name, I'm on all 3 of them. I've done 2 denial of paternity already. I'm really confused... Read more »

Pete David Louden answered on Jul 27, 2019

If there were children born during the marriage that are not your children, bottom line is you need an attorney. It must be done correctly.

DO NOT attempt to handle this matter without an attorney or you may find yourself on the hook for all of these children.

1 Answer | Asked in Divorce for Oklahoma on

Q: Child is 17 turns 18 before divorce is granted. How does the divorce proceed?

My son was 17 when we went to court . We were told to go to parenting class before divorce would be granted. My son is now 18. We did not go to the parenting class. How do we proceed with the divorce?

Doak Willis answered on Jul 21, 2019

If you have an attorney request him/her to set a date for the final decree. If no attorney was hired by either of the parties, make a joint motion to have your final hearing and get an order signed by the Judge for that hearing date and both of you appear and request the divorce be granted. Since... Read more »

1 Answer | Asked in Divorce for Oklahoma on

Q: My divorce was granted on Mar 25 by judge’s order but an amended decree was filed 2 wks later. which is my divorce date?

Doak Willis answered on Jul 21, 2019

The date of your divorce is the date the Judge granted it notwithstanding that the decree or an amended decree was filed much later. The amended decree you speak of should reflect in the opening lines the date the Judge granted the divorce even though filed weeks later.

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

Q: Can I keep my children away from the grandfather

Timothy Denison answered on Jul 20, 2019

Many more facts are necessary to properly answer this question but the short answer is probably, yes.

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.

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 »

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