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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law, Real Estate Law and Tax Law for Oklahoma on
Q: My daughter purchased her home with money from her trust fund. Can her ex take her house?

He is common law so they are divorcing. He has a LLC in his name only. Recently, we found he has commingled business and personal funds as well as lied on tax returns to obtain child tax credit and avoid paying taxes. He lied to Medicaid, food stamps and The Insurance company to obtain services or... View More

James L. Arrasmith
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answered on Jan 12, 2024

The protection of your daughter's home in the event of a divorce largely depends on how the property was acquired and the laws of your state regarding marital property and common law marriage. If the house was purchased solely with funds from her trust and the title is in her name only, it may... View More

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I never turned In my marriage license in Oklahoma will I be considered legally married
T. Augustus Claus
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answered on Oct 16, 2023

Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you... View More

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Marriage in 2006, have not lived or been together since 07-08, my children aren't his, do they need mentioned in papers?

I was 17 at time of marriage (mother signed consent) and husband was 21. Husband was hurt at work resulted in him having double knee surgery. I dropped out of high school to stay home for his care. Husband became an addict to prescription pills and habitual drunk. We have not lived as husband and... View More

Pete David Louden
Pete David Louden
answered on Aug 12, 2023

If the children were born during the marriage, the husband is considered the legal father. If the husband is not the biological father, then this will need to be addressed in the divorce and there is a procedure to resolve this issue. You will need an attorney to make sure this is done properly.... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: filling a divorce but have been separated. talked about moving in with new partner Spouse and I have kids any problems?

Any problem with moving in with new partner?

T. Augustus Claus
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answered on Aug 9, 2023

In Oklahoma, divorce laws can vary, and the impact of moving in with a new partner while going through a divorce could potentially affect matters like child custody, property division, and spousal support.

If you and your spouse have children, moving in with a new partner could potentially...
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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Charles Watts
Charles Watts
answered on Aug 23, 2023

I agree with Mr. Louden - another potential aspect could be if there was a job history issue, and therefore the attorney is thinking more along the lines of having to argue for/against stable employment.

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Why would a lawyer tell you to not take a new job while going through a divorce with a child and both parents have a job

Just trying to get a better paying job

Pete David Louden
Pete David Louden
answered on Aug 3, 2023

The only reason I can think of might be to minimize exposure for child support or possibly support alimony. With that said, I would go to the source and ask the attorney who made that suggestion to explain their strategy and then you will know for sure.

I wish you the best of luck with...
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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Moura A J Robertson
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Moura A J Robertson
answered on Jul 20, 2023

Technically, yes. It's not where the marriage takes place, but where the adultery takes place that matters. So, if adultery takes place in Oklahoma, then Oklahoma has jurisdiction to prosecute the crime of adultery under Oklahoma law. However, the statute which makes adultery a crime in... View More

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2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: Is it still a felony if my wife cheats we got married in NM but been living here in Tulsa since last year
Charles Watts
Charles Watts
answered on Jul 8, 2023

Technically it is still a state statute making it a felony. However, it has been rarely enforced since the 1960s. With the texas case of Lawrence it has become even more challenging because it’s a privacy issue between two consenting adults. Even though that case was a sodomy case between same... View More

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How do I file a contempt claim against my ex husband who hasn't followed thru with his part of our divorce settlement?

I don't have the $ to pay my lawyer to move forward with enforcing the decree settlement how do i do that by myself with out representation?

Pete David Louden
Pete David Louden
answered on Jun 7, 2023

I have outlined below a few basic things to get you pointed in the right direction.

1. A good place to start would be to go to your local law library. Study the statutes related to the issues in your case.

2. Make sure you understand the rules of evidence.  This will govern what...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How can i get a motion to serve by publication. For divorce in oklahoma?

I do not know of his location or phone number. He walk out a year ago. Havent spoken or seen him sunce. I fiked for divorce. All i need is this form.

Pete David Louden
Pete David Louden
answered on May 31, 2023

It's not a form, it's a procedure that will need to be followed to give notice by publication, and it must be approved by the court. Schedule a consultation with a family law attorney in your local area and they will be able to help you.

I wish you the best of luck with your case.

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... View 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... View 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... View 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... View 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...
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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... View 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...
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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... View 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... View More

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