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Oklahoma Divorce Questions & Answers
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...
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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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1 Answer | Asked in Divorce for Oklahoma on
Q: When both parties agree on a divorce settlement and waive a trial, who has to appear before the judge?
Pete David Louden
Pete David Louden answered on Feb 27, 2020

One of the parties to present the decree.

1 Answer | Asked in Divorce for Oklahoma on
Q: Does all evidence during a divorce have to be disclosed to the opposing party according to Oklahoma law?
Pete David Louden
Pete David Louden answered on Feb 17, 2020

In Oklahoma, there is no trial by ambush. Witness and exhibits are required to be disclosed in Pre trial/Resolution Conference proceedings or prior to that in discovery.

2 Answers | Asked in Divorce for Oklahoma on
Q: filing for uncontested divorce online in OK, no kids/ assets to split. What all would the packet include/ legal this way

I just am, wondering if its legal to get the papers this way or if there is an easier/ cheaper way. Also I do not know what this will include

Pete David Louden
Pete David Louden answered on Feb 17, 2020

When you download documents from the internet there is no telling what you will get. Never rely upon any documents other than those produced by an experienced attorney. As with all things, it is much cheaper and faster to have it done right the first time.

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2 Answers | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: Can I terminate my child’s father parental rights ?

I filed divorce decree When we lived in another state and got a default sole custody in 2012 (child was less than year old) , we’ve been living in Oklahoma since 2014. Father has never contacted or had anything to do with child since before filed divorce. My child is now 8 yrs old and doesn’t... Read more »

Pete David Louden
Pete David Louden answered on Feb 16, 2020

No. There are only two ways to terminate parental rights in Oklahoma.

1) the child is adopted or 2) the state can terminate rights for abuse or neglect in a deprived child case.

If you ever get married again and your husband wants to adopt the child the child may be eligible for...
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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?

The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.

In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before... Read more »

1 Answer | Asked in Domestic Violence and Divorce for Oklahoma on
Q: Protective order violation?

If the person the protective order was filed against is in a building and the person that filed the PO parks right behind that other persons car and tries to come in, is that a violation?

Employees at the building had to tell the filer that they couldn’t come in. The filer is VERY aware... Read more »

Brian Boeheim
Brian Boeheim answered on Feb 12, 2020

The person who files a protective order cannot violate the protective order. The rule of thumb is the person who has the protective order filed against them must leave the premises if the person who was granted the protective order enters. With that said, if you have reasonable evidence that the... Read more »

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: Boyfriend stole a the car we share in both names can i report it stolen

Tag is exspired insurence is about to end and i dont think he will make the payment.

Brian Boeheim
Brian Boeheim answered on Feb 9, 2020

If the vehicle is titled in both your names, it is hard to represent it as stolen since he has a valid claim of ownership. I don't think you have a way through police or the DA's Office to get the vehicle back. The only thing that comes to mind is small claims court. The argument is a... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: If your ID, po Box, bills, utilities, vehicle registration, all say TX, are you an actual resident in good faith of OK?

We stayed at the father in law's home in OK for over 6 months with intent to return to our home in TX. His health never improved. But we never changed addresses.

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

A person must live in Oklahoma six months to file a divorce and in the county where it was filed for the last 30 days. If there is a dispute over jurisdiction it would be decided by the judge.

1 Answer | Asked in Divorce for Oklahoma on
Q: A divorce petition requires the plaintiff to be "an actual resident, in good faith, of the state" What defines that?

She filed her petition in Beaver, OK. Her ID, mailing address, P.O. Box, utility bills, vehicle registration, address on car dealership contract, address on disability claims and benefits, income tax, all state Booker TX as her address. We DID stay at her father's farm for over 6 months, BUT... Read more »

Pete David Louden
Pete David Louden answered on Jan 26, 2020

To file divorce must be a resident of the state for six months and a resident of the county where filed for 30 days.

1 Answer | Asked in Divorce for Oklahoma on
Q: Do 10 previous common law marriage years, count/add to, 5 legally married years, in a divorce in Oklahoma?
Pete David Louden
Pete David Louden answered on Jan 9, 2020

Not sure I understand your question.

Ten years of marriage would be ten years of marriage.

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Oklahoma on
Q: My husband has left the home he was the main income for the family my name is on the deed what are my options?

He removed all his property and me and the kids in the home - he stated he would sue me if I rented or sold home - but I don’t make near enough to support all bills- options? Suggestions? He has been moved out since 12-24-19 this isn’t the first time he’s also been abusive knowing I can’t... Read more »

Doak Willis
Doak Willis answered on Jan 8, 2020

You must borrow the money to hire an attorney to help you get a divorce and support.

1 Answer | Asked in Divorce, Family Law, Child Custody and Libel & Slander for Oklahoma on
Q: Can I block my exes email account when his new wife is using it to harrass me & do his "co parenting" for him?

Ex & I share 4yr old. Live 745 miles apart. Have joint legal custody & I am custodial parent. I am to update him on child & when I do, I get harassed instead & his new wife seeks retaliation of some sort. She is very hostile & sarcastic. He has stopped talking to me & has... Read more »

Tammy Lyn Wincott
Tammy Lyn Wincott answered on Jan 7, 2020

You might want to get something official before you block it as you're liable to be made to look like the bad guy.

There are a few really good online programs available for situations like this where parents can login and upload pictures, report cards, etc. about the children then the...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I get a divorce from someone who is a fugitive from justice when there is a minor child?
Brian Boeheim
Brian Boeheim answered on Dec 19, 2019

You can file for divorce and provide notice by publication. After the appropriate amount of time and without a response, the court will most likely give you a default divorce with sole legal and physical custody. If you would like some help getting that done, please give us a call at 918-884-7791... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: I am getting a uncontested divorce we are in our 90waiting period. We both have agreed that I get the house.

We had our mediator include this in our papers to file. If I go ahead and refinance do we have to redo those papers before our hearing?

Brian Boeheim
Brian Boeheim answered on Dec 9, 2019

The real issue is whether you are both on the original mortgage, or if you are going to be on the new mortgage alone. The quick answer: If you document the agreement with your spouse that he agrees to you refinancing the mortgage, there is no problem. He can sign his portion of the house to you in... Read more »

1 Answer | Asked in Divorce for Oklahoma on
Q: How much is a divorce ?
Brian Boeheim
Brian Boeheim answered on Dec 8, 2019

It depends on a lot of things. Whether their are children involved. The amount of assets (houses, cars, retirement accounts). It also depends on how many things your and your to-be ex agree on these issues already. Most attorneys will ask for a retainer or $1500 to $2500 and they will bill off... Read more »

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