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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: What is "motion to settle" vs "trial" after reaching settlement through mediation in a divorce in Oklahoma?

If the other party isn't cooperating after reaching settlement through mediation in a divorce in Oklahoma, is motion to settle quicker than going to a trial?

Pete David Louden
Pete David Louden
answered on Jan 29, 2019

Motion to settle resolves an order that was either agreed upon or decided by the judge and the other party does not sign. Purpose is to get the court to sign an order.

A trial means there is no agreement and the court conducts a hearing "trial" to decide all contested issues....
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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I file contempt of court against ex-wife for required payments and against Lane Bryant (Comenity Bank)???

Divorce requires that ex-wife make these payments. Because the account is in my name, every time she misses a payment, my credit rating gets trashed. Lane Bryant refuses to change the account to her name. So I would like to file charges against both the ex-wife and Comenity Bank.

Pete David Louden
Pete David Louden
answered on Jan 28, 2019

Your action would be against your ex

not the bank. You can file contempt against your ex if she has willfully violated an order if the court. If found guilty she can be ordered to pay your attorney fees and in some extreme cases even be sentenced to jail.

1 Answer | Asked in Divorce for Oklahoma on
Q: In Oklahoma, would common law marriage supersede legal court marriage in terms of divorce and the splitting of assets?
Doak Willis
Doak Willis
answered on Jan 21, 2019

A common law marriage in Oklahoma is a legal marriage just as much as one where a marriage license is procured and then the parties have a traditional marriage before a Judge or other clergy. There is no superseding. In case of divorce or as termed now dissolution, the Court will divide the marital... View More

1 Answer | Asked in Child Custody, Child Support and Divorce for Oklahoma on
Q: Who is financially responsible for the medical and dental of a minor child?
Doak Willis
Doak Willis
answered on Jan 21, 2019

The child's parents are responsible for the medical and dental bills for their child. If divorced, the child support guidelines are used to determine the percentages and amounts that the parents are to be responsible for when the child incurs charges.

2 Answers | Asked in Criminal Law, Divorce, Family Law and Immigration Law for Oklahoma on
Q: Will this law protect us? If me and my mother are not yet citizens, but we do have green cards, and residents for 10yr+.

My step-father verbal abuse us for many years, and we have some of them recorded. We are residents in Tulsa for over 10 years.

Kelli Y. Allen
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Kelli Y. Allen
answered on Jan 20, 2019

I'm not sure of your questions, but as long as you are permanent residents, you don't need to worry about an immigration issue. You may want to consider applying for naturalization.

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1 Answer | Asked in Divorce for Oklahoma on
Q: How is the divorce petition supposed to read when filed if you have no children involved?

Mine is filed family and domestic divorce with minor children and we don't have any children at all is that the correct way to file it in Oklahoma County?

Doak Willis
Doak Willis
answered on Jan 7, 2019

As long as your petition meets all the requirements for a divorce petition to be filed in Oklahoma County and in Oklahoma, it doesn't matter if it was filed under the family and domestic divorce with minor children. You will want to contact the Clerk's office and advise them so it can be... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Can I file for divorce in Oklahoma even if my husband doesn't live here anymore?
Doak Willis
Doak Willis
answered on Dec 29, 2018

If you have been a resident of the State of Oklahoma for six months preceding the filing of your petition in Court and a resident of the County where the filing takes place for thirty days prior to filing, you can legally file and get a divorce even if your husband no loner lives in Oklahoma.

1 Answer | Asked in Divorce for Oklahoma on
Q: Divorce advice

My wife is having an affair with another woman. Is this sufficient grounds for a divorce? And what woul my odds be in getting coustody of my kids

Pete David Louden
Pete David Louden
answered on Dec 12, 2018

To get a divorce all you have to prove is that one of you wants a divorce. To give you an opinion on your odds of custody an attorney would need to know all of the facts of your case. Contact an attorney to discuss your situation and they will be able to explain your options. Pete D. Louden... View More

1 Answer | Asked in Child Custody, Divorce and Tax Law for Oklahoma on
Q: My wife has a tax question. Per her divorce decree her and her ex are supposed to alternate years claiming their son.

There was a order of protection and my wife and her ex could not contact one another. The decree was final in 2017 and he was claimed by his dad in 2016 for 2015 when they were apart. My wife not her ex claimed their son in 2017 for 2016. Who is can claim their son for 2017?

Reece B. Morrel Jr
Reece B. Morrel Jr
answered on Nov 19, 2018

I have worked on several of these cases in the past. Usually, the Judges do a fairly good job of making their instructions clear. If not, the Judge gets to see the case again. Not something they are anxious to do.

If it is not clear, I would have your wife's lawyer contact the...
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1 Answer | Asked in Divorce for Oklahoma on
Q: I faulted paying adult daughters health insurance, my wife faulted on my visitation w/ me and minor son.

Mediation agreement. Do I have to pay 6k bill? While wife is free & clear of any ramifications?

Pete David Louden
Pete David Louden
answered on Nov 14, 2018

There is not enough info here to sort this out. To get a reliable answer, gather all your documents and meet with an attorney. Once the attorney has a handle on the status of your case they will be able to answer your questions.

1 Answer | Asked in Family Law and Divorce for Oklahoma on
Q: What are grounds for annulment of marriage in Oklahoma?
Doak Willis
Doak Willis
answered on Nov 12, 2018

The grounds are as follows:

1. One party or both are under the age of 18.

2. One party incapable of consenting to marriage due to mental incapacity or incompetence.

3. Married to another person at the time of the marriage.

4. Fraud.

5. Divorced less than 6...
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1 Answer | Asked in Divorce for Oklahoma on
Q: Is it my responsibility to file a final order on the divorce?
Pete David Louden
Pete David Louden
answered on Nov 9, 2018

Your attorney will draft the decree and present to the court.

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Q: Oklahoma Question: Refusal of medical provider to give parent medical bills of 2 minor children. Need help! Thx so much!

Div parent req ccs of med bills w/med prov. SFH refuses to give bills to parent(SFH)only w/other parent's perm. Mother refuses to allow father to hv the bills, "only what she gives him" Found out that the $$ pd directly to her she stated was "reimb for what shes pd" etc.... View More

Pete David Louden
Pete David Louden
answered on Oct 26, 2018

You are entitled to all records concerning the child. The problem you have described happens all the time. The good news is that there is a solution. Simple solution is hire an attorney to modify your existing court orders to include language that addresses this issue.

1 Answer | Asked in Estate Planning, Divorce and Probate for Oklahoma on
Q: My ex-husband passed away without a will. He still owes me 3 years of payments per the divorce degree a lien
Richard Winblad
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Richard Winblad
answered on Oct 26, 2018

You should visit an attorney in your area to determine if the lien is filed with the recorder of deeds and that it is still valid. You may need to foreclose or file a claim in the probate case if one is filed.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: does the separation agreement form{no contested items} need to be filed with court??? or is notary good enough ?
Pete David Louden
Pete David Louden
answered on Oct 22, 2018

A notorized agreement is not the same as an order of the court. Your attorney will prepare your agreement in the form of a court order, present to the court for approval, and then file.

2 Answers | Asked in Divorce for Oklahoma on
Q: My wife and I are legally separated. I now want a divorce. We have agreed to the terms. What do I need to do?

I filled out online divorce paperwork but it came back that they couldn't do it since I was legally separated already

Pete David Louden
Pete David Louden
answered on Oct 18, 2018

All you need to do is take your agreement to an attorney in your local area and they will be able prepare the documents and present to the court.

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1 Answer | Asked in Divorce for Oklahoma on
Q: Can a spouse do a news paper notification of divorce even if he knows how to get a hold of you, is that legal
Pete David Louden
Pete David Louden
answered on Oct 15, 2018

No. Notice by publication is used when a party cannot be located.

1 Answer | Asked in Divorce and Child Custody for Oklahoma on
Q: My boyfriend's ex is refusing to let anyone pick up the children except him. The court order states party's not father.

My boyfriend's EX is refusing to let anyone pick up the children except him he works out of town most weekends and only comes home on Saturdays. she will not allow his parents me or anyone to pick them up she just simply denies the visitation stating she doesn't have to give them to... View More

Pete David Louden
Pete David Louden
answered on Oct 9, 2018

This is a problem that I encounter often when a custodial parent puts her need to be in control over the best interest of the child. The good news is that there is a solution to take it out of her hands. I have had success in the past with this type of issue by modifying the visitation order to... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: selling house that I signed a quit claim deed on but divorce papers say property split when sold-do papers override? My

My name is still on Mortgage and I have to sign papers to sell.

Pete David Louden
Pete David Louden
answered on Oct 2, 2018

In order to give you an opinion on a legal document, an attorney would need to first see the document. You should take all your documents to an attorney so they can review and then they will be able to give you a reliable answer.

1 Answer | Asked in Divorce for Oklahoma on
Q: My boyfriend left his marriage 11 years ago. How can he file for divorce?

He left due to her alcoholism and abuse, he made an attempt to send her last known address the papers for the divorce with no response after 3 months, and he is honestly very nervous about having any actual contact with her. How can he file for divorce without her and is the 6 months living alone... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Sep 27, 2018

He must serve her with notice of filing of the divorce. If he knows where she is, it would be best to hire a private process server to serve her. If he can't locate her, she can be served with notice by publication, and should get a lawyer to help make sure it's done right. You can... View More

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