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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce for Oklahoma on
Q: Can you demand a jury trial for divorce in Oklahoma?
Charles Watts
Charles Watts
answered on Apr 13, 2023

Jury trials are a constitutional right in criminal hearings, not civil such as divorce. You can demand for one (can demand anything), but the short answer is you will not get one for a divorce.

1 Answer | Asked in Divorce, Family Law, Criminal Law and DUI / DWI for Oklahoma on
Q: In the state of Oklahoma, is it legal to marry an individual, while still being married to another person?

I've searched public records to see if there is any kind of divorce decree or even a filing of a petition for either marriage licenses, and i am not seeing anything of the sort. This individual was never Common Law married. I read the public filing of both marriage licensing that was filed,... View More

Charles Watts
Charles Watts
answered on Apr 10, 2023

It sounds like your case has some very unique set of circumstances. Therefore, you need to contact a family law attorney for your best course of action. Most will give a free phone consultation.

1 Answer | Asked in Divorce and Employment Law for Oklahoma on
Q: What can happen to a lump sum unemployment payment I received after my husband filed divorce? Can he take half?

I received a lump sum of Oklahoma pandemic unemployment insurance money a month after my husband filed divorce. It’s in an unknown account & he does not know about it. It was from 2020 and they just now paid it out 3 years later. We decided it was more beneficial I stay home with our baby... View More

Charles Watts
Charles Watts
answered on Mar 19, 2023

Your question is a technical one. If you divorce has not been finalized then more often than not this will be viewed as marital income and would be subject to splitting. Intentional hiding of money is a major issue that should be avoided. Based on your other facts there may be a way around this... 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?

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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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Can a divorce decree be enforced if the spouse hasn't adhered to the final decree if said spouse passes away

34yrs married, mental harassment to go get divorce, during the year and a half of going thru this, on top of kids and I doing repairs,painting, etc. to home to be put up for sale, and the deaths of my brother, my ids Sad and finally my Son. He has sold of assets, moved money around and other... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 29, 2022

Rhonda, you really need a lawyer to help you with this! Many will let you pay the retainer in installments. Good luck to you.

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: My husband in in prison and I would like to get a divorce and marry my fiance I live in Oklahoma

My husband has been in prison since 2020 we have had no contact since August of 2020.

Gary Johnston Dean
Gary Johnston Dean
answered on Dec 28, 2022

You should contact a family law attorney. Service of summons on an inmate i$ complicated. Buy yes, you can get a divorce, but you cannot marry for 6 months after your divorce is granted. Good luck.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I missed my initial divorce hearing, due to a misunderstanding of the summons. Can I request a new hearing? Which form?

Particularly like to re-visit custody and child support portions of the decree. Any info is greatly appreciated.

Pete David Louden
Pete David Louden
answered on Dec 9, 2022

First thing you should do is take all of your documents to an attorney so they can check the court file and see if either a temporary order or a default decree has been filed. If there has been a default order entered and you catch it quick enough you may be able to seek relief. After sorting out... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: why can't I file my own case? Wanting to file "Petition for Disolution of Marriage" but they won't provide forms (?)

soon-to-be-EX-wife is agreeable, but they say I need a lawyer, which is NOT TRUE. All filings and documents, and FORMS to file said documents are PUBLIC...I, too, am PUBLIC. So why do I run into a brick wall? Why is there no help for me, John Q. PUBLIC?

Pete David Louden
Pete David Louden
answered on Nov 16, 2022

You are correct. There is no requirement to have an attorney represent you in a divorce case in Oklahoma. Any Oklahoma resident who meets the jurisdiction requirements can file their own divorce proceeding. With that said, the court does not provide forms to file for divorce, but you can file your... View More

1 Answer | Asked in Family Law, Divorce and Child Custody for Oklahoma on
Q: In custody agreement plan, "any other mutually agreed upon time" is violated, is this action enforceable by police.

Rewording question for vagueness. In regards to custody exchange agreement the phrase "any other times mutually decided and agreed upon" I am aware that this does not mandate additional time. Ex spouse reason for not allowing additional time is both parties agree to additional time and... View More

Charles Watts
Charles Watts
answered on Nov 1, 2022

Again the answer is the same. The officer does not have anything to enforce because the mutual agreement is an above and beyond clause. The officer can address any definite order from the court - such as a specific holiday or where one person is supposed to meet at a specific time ((that is in the... View More

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: How do I obtain deed to my home if I never received it. I do have the abstract though
Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

You must, get deed from the persons you purchased the home from. If this can't be done, consult a real estate lawyer to start a quiet title action.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: I need to sell my home with joint tenancy but I do not know how to contact my ex, how do I get him removed from deed?

We've been separated 7 years, divorce hasn't been filed, our property was put up for auction due to delinquent taxes, I managed to pay all taxes due & keep home. He has never tried to return to the home. He has legal obligations that also keep him from returning to the home. How do I... View More

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 30, 2022

Since you're still married, both you and husband must sign deed to, New purchaser. Only way to remove him is through a divorce.

1 Answer | Asked in Divorce, Family Law and Tax Law for Oklahoma on
Q: I need to know who has POA over me. can u help me

I know a loan on my house was done when I was in prison. and this same person remarried myself and Logue. I thought I was divorced in 2012. But I have been supporting him and his other females unknown to me. My trust I had got wiped clean and now I'm over 20,000 in debt

Carli Jo Aelker
Carli Jo Aelker
answered on Oct 26, 2022

if you are asking specifically regarding the IRS or State you can call, confirm your identity, and see who has an active Power of Attorney on your account. The representatives you speak to should be able to give guidance on how to revoke that power as well.

1 Answer | Asked in Divorce, Military Law and Family Law for Oklahoma on
Q: My soon to be ex husband is active duty military. I moved out on Tuesday. Is he obligated to help me financially?

I’m a full time student and make about $1500 a month from disability and cannot afford a house on my own. I’m living out of a van at the moment. I’m wondering if he’s obligated to support me financially until the divorce is finalized ? He’s in TX active duty navy, im in OK now.

Sabra M. Janko
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answered on Oct 24, 2022

Yes he is required to pay by military regulation, if he will not agree to pay, contact the Inspector General's Office. This is just a temporary measure until you obtain a court order.

1 Answer | Asked in Divorce and Real Estate Law for Oklahoma on
Q: what is the statue of limitations on real property division after divorce, in the state of oklahoma?
Charles Watts
Charles Watts
answered on Oct 15, 2022

Property division should have been covered in your decree. Majority of property division is done prior to decree additionally there is normally a clause in the decree when one person does not transfer title, usually within 30 days, then the decree can be used to get the transfer complete without... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: My divorce decree references an Exhibit "A", for property Distribution, but there is no exhibit A.

Retrieved decree from courthouse. Did not include Exhibit "A"

Gary Johnston Dean
Gary Johnston Dean
answered on Oct 13, 2022

Contact your attorney or the attorney who drew the decree, and ask him/her to file the Exhibit, and send you a certified copy.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I'm here to ask about Oklahoma common law marriage. Do you have to prove all elements for common law marriage?

I had a child with this person. We lived together so I could take care of our child. I never claimed to be married to this person. Everything was under my name. No joint accounts.Throughout the years there have been times where we seen other people physically and sexually; she actually lived with... View More

Charles Watts
Charles Watts
answered on Sep 27, 2022

Common law is a fact intensive situation. Just one element may or may not be enough to establish it. However the intent of the parties to be a married couple is what has to be established. This is done by the other times such as the filing of taxes, claiming another as spouse on insurance... View More

2 Answers | Asked in Real Estate Law, Divorce and Tax Law for Oklahoma on
Q: There is no mortgage on my home , can the court make my house go to sherrifs sale?

In a divorce we as ordered 7yrs ago for my house to be sold and property be sold , divi50/50 . Now court is trying to make my home go to sherrifs sale. Nothing is owed on my home

Charles Watts
Charles Watts
answered on Sep 10, 2022

Could be for property taxes. Those are yearly regardless of a mortgage or not.

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