Oklahoma Divorce Questions & Answers

Q: My boyfriend's ex is refusing to let anyone pick up the children except him. The court order states party's not father.

1 Answer | Asked in Divorce and Child Custody for Oklahoma on
Answered on Oct 9, 2018
Pete David Louden's answer
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 specifically state that people other than the father can conduct visitation exchanges. This should solve the problem. Pete D. Louden www.normanlaw.com

Q: selling house that I signed a quit claim deed on but divorce papers say property split when sold-do papers override? My

1 Answer | Asked in Divorce for Oklahoma on
Answered on Oct 2, 2018
Pete David Louden's answer
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.

Q: My boyfriend left his marriage 11 years ago. How can he file for divorce?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Sep 27, 2018
Gary Johnston Dean's answer
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 continue to live together after he is divorced, but can't get married for 6 months. Good luck.

Q: What can my niece do to get her child support that the judge ordered.

1 Answer | Asked in Divorce, Family Law and Child Support for Oklahoma on
Answered on Sep 20, 2018
John Cannon's answer
She needs to seek enforcement through the court with the assistance of counsel.

Q: Who pays the mortgage during divorce

1 Answer | Asked in Divorce for Oklahoma on
Answered on Sep 11, 2018
Pete David Louden's answer
If the parties are not able to agree how debts are divided it is left up to the court to decide. There is no one answer that applies in every case. You would need a formal consultation with an attorney so they could gather all the information necessary to give you an opinion of what the court might be likely to do in your particular situation

Q: Can I move back to texas with my daughter?

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Answered on Sep 1, 2018
Pete David Louden's answer
If a divorce has been filed you must follow the automatic temporary injunction which limits out of state trips. Will also depend on other factors such as who is awarded custody. Meet with an attorney to discuss your case in detail and get specific advice that will apply to your situation.

Q: What are the exceptions to bigamy in Oklahoma

2 Answers | Asked in Criminal Law and Divorce for Oklahoma on
Answered on Aug 31, 2018
T. Luke Barteaux's answer
Bigamy is a felony in the State of Oklahoma. Bigamy happens when someone marries a person while still legally married to someone else. Often the perpetrator will do everything in their power to hide or lie about the previous unresolved marriage(s) to the new spouse, their previous spouses, and law officials.

Although, the act of Bigamy is a felony crime in Oklahoma the process of marriage is severely flawed to prevent such crimes. When applying for a marriage license in Oklahoma the...

Q: my wife wants her name change back to her maiden name but it was not included in the petition, do we need to modify it

1 Answer | Asked in Divorce for Oklahoma on
Answered on Aug 29, 2018
Pete David Louden's answer
Just let your attorney know you want to make the change and they will be able to help you get this taken care of in the decree.

Q: My spouse filed for divorce in California what can be done about filing here after many years?

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Answered on Aug 27, 2018
Pete David Louden's answer
If you are already divorced you would not be able to file another divorce here unless you married again after the first divorce.

Q: In Oklahoma will a judge just grant a devorce because the spouse doesn't feel connected

1 Answer | Asked in Divorce for Oklahoma on
Answered on Aug 18, 2018
Pete David Louden's answer
Yes. If one spouse requests a divorce the court will grant a divorce.

Q: My husband has filed for a divorce and does not have biblical grounds for a divorce. I am against the divorce due to my

1 Answer | Asked in Divorce for Oklahoma on
Answered on Aug 9, 2018
Pete David Louden's answer
Yes. If one spouse requests a divorce the court will grant the divorce generally on the grounds of incompatability.

Q: What do I need to do now that I have seperated from the man I "married" that is still legally married to his first wife?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Aug 8, 2018
Doak Willis' answer
You would need to file for an annulment of the marriage since your husband was married and is still married at the time you got married to him. You will also need to file a Petition against him for paternity to have legal status of your children determined as well as for custody, visitation, and child support issues to be legally dealt with.

Q: What is the wait period to remarry in Oklahoma after divorced

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jul 24, 2018
Pete David Louden's answer
You must wait six months.

Q: How much spousal support am I liable for after the divorce is granted and support plan agreed to?

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jul 19, 2018
Pete David Louden's answer
This will depend on what was ordered in your divorce decree. Contact an attorney to review your divorce decree and they will be able to answer your question.

Q: Can you file for divorce if your wife is out of the country

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jul 15, 2018
Pete David Louden's answer
If you have lived in Oklahoma six months, You can file a divorce in the county where you have lived for the last thirty days.

Q: My husband claims me on his VA benefits still, he hasn't supported me or my children, when I had them home, in 5 years.

1 Answer | Asked in Military Law and Divorce for Oklahoma on
Answered on Jul 15, 2018
Gary Johnston Dean's answer
You should consult an experienced Family Law Attorney, in your area, for help with this problem ASAP. You have waited long enough to receive what you're entitled to from this bum!

Q: Is it allowed to change the beneficiary of an IRA from the spouse to the children during a divorce?

1 Answer | Asked in Divorce and Estate Planning for Oklahoma on
Answered on Jul 11, 2018
Reece B. Morrel Jr's answer
Based upon the facts that you have shared and without seeing the documents involved, my initial answer is no. I do not believe that the estranged husband can challenge the sons being selected as the primary beneficiaries and recipients of the proceeds from the IRA.

But it is not a guarantee. For example, it is possible that the husband could argue that the decedent did not have legal capacity to make the change or that the change was made under duress.

If you have additional...

Q: what justifies abandoment in the state of Oklahoma. My husband walked out 10 days ago leaving my me and our daughter

1 Answer | Asked in Divorce for Oklahoma on
Answered on Jul 2, 2018
Pete David Louden's answer
Abandonment for one year is one of the recognized grounds for divorce. With this said, divorces are generally granted on the grounds of incompatability.

Q: My son was granted visation of his 3 children every other weekend. She is moving 479 miles away and is not telling us

1 Answer | Asked in Divorce, Family Law and Child Custody for Oklahoma on
Answered on Jun 28, 2018
Pete David Louden's answer
He needs to hire an attorney and object to the relocation BEFORE she moves.

Q: Have sole cust. getting divored in Ok, want to move to Tx after divorce, can father object will it affect his visitation

2 Answers | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Answered on Jun 12, 2018
Pete David Louden's answer
Yes, the other parent can object to the relocation and then it would be up to the court.

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