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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: Ex wife got 2012 Fusion in divorce. Hasn't made payment since October 2016. Any way to get the car or my name off title?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 24, 2017

You should contact the lien holder about rape of the car, and possibly buy it at repo sale.

Also, you could cite her for contempt to try to get her to either pay, or refinance. This should be first choice.

1 Answer | Asked in Divorce for Oklahoma on
Q: Does the divorce code for an at-fault divorce due to "drunkenness" also apply to habitual illegal substance abuse?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 24, 2017

Although at the time this statute was drafted substance abuse was not an issue, I believe the courts today would permit this.

1 Answer | Asked in Banking, Child Support and Divorce for Oklahoma on
Q: Joint banking account debt mid divorce

My girlfriends ex's child support came out of their account before the divorce was final and she could take her name off of the account and it is negative over a thousand dollars. He is incarcerated and his mother doesn't have power of attorney yet (their attorney is dragging her feet and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 19, 2017

The bank overdraft is the JOINT Responsibilty of both parties. The divorce could order him to pay, or hold her harmless, but if he is long term incarcerated, the bank may come after her.

Nothing prevents opening a new account now. She should have her own attorney in the divorce. She...
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1 Answer | Asked in Divorce for Oklahoma on
Q: My brothers marriage ended in court on the 6th of march 2017 by 6th of September, can he remarry in September to anothe.

September 6th will make it 6 month after d dissolution of marriage In court. Can he remarry another person on the 20th of September.

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 8, 2017

Yes. Good luck to him this time.

1 Answer | Asked in Divorce, Family Law, Child Custody and Juvenile Law for Oklahoma on
Q: My 1 and 2 year old daughters were taken away from my ex girlfriend by DHS. I live in Texas and need help getting them!

My daughters were born here in San Antonio TX, my ex girlfriend took the The girls and moved to Oklahoma without my permission. We do not have any custody agreement if that matters. Recently in January I received a call from my ex that my kids were taken away by DHS I believe for child neglect and... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jul 1, 2017

Sorry you didn't get an answer before your court date. Hope all worked out for you. The courts and DHS prefer family placement when possible. I would think by now you have been checked out by Texas DHS and approved for placement. Good luck

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: If discovery is not returned in time are there any consequences?
Gary Johnston Dean
Gary Johnston Dean
answered on Jul 1, 2017

It depends on the type of discovery. If you were served with requests for admissions, if unanswered the questions are deemed admitted.

Your best bet is to contact the attorney serving discovery, and request an extension. You can also request the court permit filing out of time.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: If I went to mediation for child custody/ divorce changed my mind and don't agree.

If I went to mediation for a child custody case/ divorce, and I have now changed my mind and don't agree, can it be changed before the final order is put into place?

Pete David Louden
Pete David Louden
answered on Jun 29, 2017

This would really depend on the reason and specific facts of your case. Contact an attorney to review this matter and once all of the details are know they will be able to let you know your options.

1 Answer | Asked in Divorce, Child Custody and Child Support for Oklahoma on
Q: Hi I have been going through a divorce and custody battle since February and I can't afford a lawyer any more

I've tried legal aid but I have court soon I need one quick

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 28, 2017

Call the Oklahoma Bar Association. They have a program to refer you to a lawyer at low cost for a 1 hour conference.

Take all of your paperwork, and the lawyer can help you get ready for trial. Good Luck!

1 Answer | Asked in Child Custody and Divorce for Oklahoma on
Q: Can you withdraw your divorce case in Oklahoma?

If you are to the point of going to mediation/setting a trial date for your divorce, are you able to withdraw your case? If so how does it work?

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

You can dismiss a case. You should hire an attorney to assist you with the proper documents and procedure.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How can I get my ex out of my house? Per Decree, was supposed to last weekend, divorce finalized. refusing to move

was given 6 months to find a place, per decree was last weekend. Has not even packed a box. Trying to find the "right" and legal way to accomplish this. We have one kid together who is 14.

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

If you have an order stating the other person is to move and they have not moved per the order, you should hire an attorney to help you with contempt proceedings.

1 Answer | Asked in Child Support and Divorce for Oklahoma on
Q: Went to mediation during divorce proceedings for child custody but didn't sign/agree on anything. Do I go off of temp?

We didn't sign an agreement because I don't agree! The court date we had got stricken. So does this mean our temporary order is still in affect? Or is everything null and void all together?

Pete David Louden
Pete David Louden
answered on Jun 26, 2017

Your temporary order is still in effect unless/until there is a new order.

1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: brother has split custody of his kids,when she has them she leaves them overnight with boyfriends,daycare. What canwe do

She won't answer his phone calls when she has them. Also she tells them that their daddy lies to them. She is always seeing different men.

Pete David Louden
Pete David Louden
answered on Jun 22, 2017

This is something I see all the time. Often a good option would be for him to modify the existing order to get the "right of first refusal." What this would do is everything she wants to dump the kids somewhere she would have to give him the first option to watch the kids. this would... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: In my papers it states I pay anything in excess of $500 for air conditioner repair does that mean she pays first $500?

I have had her air conditioner services twice now and she refuses to pay the bill, I just want to make sure she is responsible for the first $500 and I pay after that

Pete David Louden
Pete David Louden
answered on Jun 22, 2017

If there is a court order that outlines each person's responsibility concerning the AC, you would be responsible for whatever portion that is stated in the order.

1 Answer | Asked in Divorce for Oklahoma on
Q: Do I have to wait the 6 month period to move out of state once divorced?

No minor children involved

Pete David Louden
Pete David Louden
answered on Jun 20, 2017

The six month rule applies to getting remarried. You can not marry again , accept the same person, for six months.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My husband is a habitual alcoholic and I want to file for a separation until he gets help.

I don't want to move our son out of our home, but my husband refuses to leave when I tell him to go. What can I do legally to make him leave or get treatment and how much will it cost? Thank you.

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 10, 2017

If he has been physically and or mentally harassing to you or the child, you can file for a protective order which will require him to leave the house. The Court Clerk will help with the forms, and there is no filing fee.

1 Answer | Asked in Divorce for Oklahoma on
Q: I married a man in 2001. We only lived together 3 months before separating. We are still legally married.

He lives in Oklahoma. I live in Alabama. He sold mineral rights on land he owned before the marriage. Am i entitled to an equitable payment? I am disabled and need a car.

Pete David Louden
Pete David Louden
answered on Jun 10, 2017

Hello:

Separate property is property owned prior to the marriage, acquired by gift or inheritance, or property acquired after the separation. Separate property is not subject to an equitable division. However, under some circumstances, separate property can become marital property...
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1 Answer | Asked in Child Custody, Child Support, Divorce and Domestic Violence for Oklahoma on
Q: First divorce hearing June 8th. My husband has an attorney, I cannot afford one.

There is a PO to protect myself and my kids, domestic violence charges are with the DA. I need an extension and temporary child support. I called his attorney an asked if he can do this, but I am concerned he is going to have my husband's best interest (of course) with everything he does. My... View More

Pete David Louden
Pete David Louden
answered on Jun 8, 2017

Hello:

You should consider contacting legal aid and see if they can help you. You should not attempt to represent yourself.

Pete D. Louden

1 Answer | Asked in Divorce for Oklahoma on
Q: Do I need a lawyer to get a divorce?

My husband and I have been living separately for 4 years now. We both agreed on a divorce a long time ago but didn't see the need for a divorce until recently. We don't have any property, money or other things to divide. We have 3 kids and they've always lived with me and... View More

Pete David Louden
Pete David Louden
answered on Jun 8, 2017

Hello:

There is no law that says you must hire an attorney, but unless you have formal training in the law, it is never a good idea to attempt to represent yourself. Even when a lawyer has a personal legal issue, most will get another attorney to help them rather than try to represent...
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1 Answer | Asked in Family Law, Divorce, Child Custody and Child Support for Oklahoma on
Q: How can my husband get visitation rights and not supervised visitation on his son? The ex wife is not coroperating.

Supervised visitation at her house on her time. Won't call or text back. Child doesn't have fathers last name. Yes the child doesn't know his dad, but She kept the child from my husband cause he told his son he is his father. And because he is with me and not her.

Pete David Louden
Pete David Louden
answered on Jun 6, 2017

Hello:

In order to get a visitation order he is going to have to file a Petition in the district court. Once a petition is filed, the court will set a hearing and enter a visitation order. You should schedule a consultation with an attorney for assistance with this matter.

Pete D. Louden

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In a divorce, what will become of home we are renting 2 own & the new truck he co-signed for? I pay for it all....

Haven't filed yet, but I just got a new truck with him being a cosigner, we traded in my vehicle for this truck. What will happen to it? He has two vehicles in his name already, I have none. Also the home, we live here with our 3 kids and have since 2015, it's a rent to own and both our... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Jun 2, 2017

Most divorce cases are settled by agreement of both parties. If your husband agrees you can have the truck and house, the divorce decree will order this.

If you can't agree, the court will hear testimony and divide property in a fair and equitable manner.

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