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Oklahoma Divorce Questions & Answers
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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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I move forward with a divorce if my spouse refuses to sign papers or appear in court?

I am POA for my best friend who is currently incarcerated in Oklahoma and trying to divorce his spouse. I have filed a divorce petition and served papers on his spouse for him. His spouse refuses to sign a waiver and insists she wants to appear in court. Though when served with notice of court... Read more »

Pete David Louden
Pete David Louden answered on Jun 27, 2020

Simple solution to this situation is he needs an attorney. An attorney can get the divorce finished whether the other spouse signs or not. I wish you the best of luck with this matter.

1 Answer | Asked in Divorce, Real Estate Law, Banking and Collections for Oklahoma on
Q: can a por person had legal counsel for a divorce
Pete David Louden
Pete David Louden answered on Jun 26, 2020

Yes.

1 Answer | Asked in Contracts, Family Law and Divorce for Oklahoma on
Q: My husband and I did not receive premarital counseling before we married on May 10, 2023. Do we have a valid contract??

My fully paid for home in Moore was destroyed by a tornado 10 days after we married. The proceeds from that ($250,000) were invested in the husband’s property. Can I get any of that property back?

Brian Boeheim
Brian Boeheim answered on Jun 24, 2020

The first question is a hypothetical, which I can't answer since I don't know what the law will in May of 2023. The second question is that if the original home that was destroyed had your name on the deed, or was by financial equity of some kind marital property then you have a pretty... Read more »

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: If an ex wife is selling a home that is only in the husbands name can he stop the sale and keep the house?

The ex wife is wanting to sell the house which was bought during the marriage yet only in the husband’s name not hers. In the divorce decree the ex wife was ordered to keep payments up but not to refinance out of her ex husbands name. She wants to sell but the husband wants his house back instead... Read more »

Pete David Louden
Pete David Louden answered on Jun 15, 2020

You are going to need an attorney to review your decree and then they will be able to explain your options.

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can I get an annulment instead of a divorce? The other party and I have been separated since he got arrested on 8/3/2017

He was arrested for beating me up in a Walmart parking lot while he was already on a deferred sentence. I basically married him because I felt like I had to. There were all kinds of abuse, physical injuries, psychological issues resulting from the relationship, intimidation, I lost basically... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

Why an annulment instead of a divorce? This is something you should discuss with your divorce attorney when you have your consultation.

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Should the stimulus be split between parents with 50/50 custody?

My divorce finalized in February 2020. We filed our 2019 taxes separately and my ex claimed our son. I will be able to claim him in 2020. We have 50/50 custody and split all expenses evenly. We do not have child support either direction. Because my ex claimed him in 2019, the stimulus money for our... Read more »

Moura A J Robertson
Moura A J Robertson answered on Jun 7, 2020

I wonder what your divorce decree and child custody and support orders say as the provisions of those documents might provide some guidance as to your options. Its probably best to ask your divorce attorney. Generally speaking, I'm not sure there is much you can do that wouldn't cost... Read more »

2 Answers | Asked in Child Support, Divorce and Family Law for Oklahoma on
Q: Is the final monthly child support payment prorated to the last day of school or due in full for the month school ends

School is out mid-May. Graduation is late June. How should the final payment be handled?

Pete David Louden
Pete David Louden answered on Apr 28, 2020

You will need to review your support order. Most of the time the order will state the due date as the 1st day of the month. If child graduates in June then the June 1 payment would be made as usual.

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2 Answers | Asked in Child Custody, Divorce, Family Law and Civil Rights for Oklahoma on
Q: Pro se defense child custody case all claims evidence documents reports to support claims available to both parties?

All the evidence documents reports claims available for both parties legally should have same papers for solid for law abiding in-depth complete history with both parties to honestly in children's best interest law abiding punishment without a doubt guilty party.

Pete David Louden
Pete David Louden answered on Apr 7, 2020

The same information would be available provided the pro se party knows the proper steps to obtain the information.

The court will hold a pro se party to the same standard as a licensed attorney so the pro se party would need to ensure that they have the same knowledge of case...
Read more »

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1 Answer | Asked in Divorce for Oklahoma on
Q: In Oklahoma I'm paying Alimony in Lieu of Property Division. If the ex remarried can I file a dismissal of this?
Pete David Louden
Pete David Louden answered on Apr 6, 2020

Alimony and Alimony Lieu of Property are different. You would still pay alimony in lieu of property even if she gets married.

1 Answer | Asked in Divorce for Oklahoma on
Q: I got married in Missouri in 2010 I was 15 and she was 23. We split up due to cheating. I ended up in prison from 2014..

Till 2019. I haven't heard from her or know where to find her. Since we have been split up wo any form of contact how could I go about getting it nolled

Brian Boeheim
Brian Boeheim answered on Apr 3, 2020

I am not sure an annulment is the best choice. I would think you should petition the court for a divorce. You will have to make an attempt to contact her, which isn't as hard as you might think. The real concern is any claim a creditor might have against you for her debts.

2 Answers | Asked in Divorce for Oklahoma on
Q: Divorcing my wife in Oklahoma, am I legally required to provide her with a vehicle. Am i responsible for her health

Am i legally required to provide wife with a vehicle or transportation? Am I responsible for making sure her health issues are addressed and taken care of? In example providing transporatation to and from doctor visits, ect if we are divorcing

Pete David Louden
Pete David Louden answered on Mar 28, 2020

What the court may order is going to be very fact specific to each individual case. To get reliable information applicable to your specific situation consult with an attorney. The Governor has declared that Attorneys are considered essential and therefore many attorneys are still operating and... Read more »

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