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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: My husband pushed me. Can I have it documented with the police. I don't want to press charges or have him arrested.
Gary Johnston Dean
Gary Johnston Dean
answered on Mar 16, 2017

Generally, no. A simple push won't be considered as domestic violence by police, also, the incident

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Live in Cleveland County, married in Oklahoma County, lived in Oklahoma County in the past, do I file in Cleveland or OK
Doak Willis
Doak Willis
answered on Aug 28, 2016

If your speaking about filing for a dissolution of your marriage the proper County to file in is the County in which you have resided for the last thirty days prior to the date you file your petition. You must be a resident of the State of Oklahoma for six months and the County in which you file... View More

1 Answer | Asked in Criminal Law, Divorce, Family Law and Child Custody for Oklahoma on
Q: I fell victim to a dirty cop planting evidence while serving a search warrant at my boyfriends apartment, the cop was

having an affair with my bf ex wife. Long story short he planted meth (ice)arrested my bf let me go. 3 days later came back arrested me. We proved the cop was dirty and the DA wrote letter to sheriff that no charges would be filed. While trying to fight all this my ex got emergency custody then... View More

Doak Willis
Doak Willis
answered on Aug 28, 2016

From your facts it appears your ex had a hearing on his emergency custody petition and then full custody at a motion to modify hearing. I would think there was more testimony than just this bogus arrest that was had in Court in order for the Judge to modify the original custody order. The answer to... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: In Oklahoma, during a divorce can one party file for bankruptcy without the other party aware of it?

If so, what happens to mutual debt to a utility company?

Robert Jason De Groot
Robert Jason De Groot
answered on Oct 31, 2015

Perhaps, but the spouse has to be listed as a co-debtor, probably on a lot of the debt.

1 Answer | Asked in Criminal Law and Divorce for Oklahoma on
Q: My husband hit our child and got arrested for child abuse, A&B in presence of a minor 1st offense. He thinks its funny.

He struck our youngest child. Our 2 other children and myself witnessed it. We all four gave detailed statements and local police photographed her injuries, and progressive bruising over several days. My husband thinks it is no big deal. Does he need a criminal lawyer? Can he try to plea down or... View More

Robert Jason De Groot
Robert Jason De Groot
answered on Sep 11, 2015

Yes, he needs to retain a private criminal defense attorney for this, and preferably someone with decades of experience. You also need to get a confidential conference with a family lawyer locally to answer all of your other questions.

2 Answers | Asked in Divorce for Oklahoma on
Q: Does a child support check need to come from a bank account with the payor's name on it or can a girlfriend pay it?
Timothy J. Pickens
Timothy J. Pickens
answered on Aug 30, 2015

Anyone can pay. But, whoever pays better clearly print on the check that the payment is specically for ChildSupport and print the name of who owes the ChildSupport. Contact a local Oklahoma Attorney to assist you further. TJP

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1 Answer | Asked in Divorce for Oklahoma on
Q: Me and my ex have been legally separated for 4 years. He filed the divorce and his attorney is not repenting him becaue

He fail to pay. The divorce is still on file but I have no clue where he's at. What legal rights do I have to finalize it. He deserted me and also was cheating. What can I do please help me.

Timothy J. Pickens
Timothy J. Pickens
answered on Aug 15, 2015

You should get your own Oklahoma Family Law attorney and finish out the divorce. You should get the final decree drafted to your desires and have your husband served with the final decree along with a date for presentment, so that he can attend or not. If he fails to attend and you can show good... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: My fiancee is currently incarcerated.

When he first went in, he was dating someone else. He put down that he was married to her even though he wasn't. Now that we are back together, I cannot visit him because he's listed as married even though he's not. He even got proof from the county in which they lived stating that... View More

Timothy J. Pickens
Timothy J. Pickens
answered on Aug 15, 2015

"Common Law Marriage" comes to my mind. But, the facts are a bit sparse. Contact your local Oklahoma Family Law Attorney. TJP

1 Answer | Asked in Divorce for Oklahoma on
Q: Is there anything else I could use other than a birth certificate to change my name back to my maiden after divorce?

I was not born in the US, and can't get my birth certificate unless I go back to my home country (I do have a translated copy that was notarized years ago). I have a problem changing my name back to my maiden after a divorce because the provision about the name is not included in the divorce... View More

Timothy J. Pickens
Timothy J. Pickens
answered on Jul 26, 2015

Yes. You should make sure the language in the final decree expresses your desire to take back your maiden name. Then, get a certified copy of the original decree. The decree will usually be sufficient. But, there are exceptions that you will need to discuss with an Oklahoma attorney as they may... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: In oklahoma can You pay a lawyer to contest a divorce & settle your divorce with out your consent and sign your divorce

Decree..

Timothy J. Pickens
Timothy J. Pickens
answered on Jul 26, 2015

The issue of informed consent is very important in relation to giving any authority to an attorney to act on your behalf. You will need to explain in more detail, such as whether or not this was an agreed decree, did you sign an affidavit attesting your consent...

1 Answer | Asked in Divorce for Oklahoma on
Q: I would like to get a divorce, I'm disabled only soc security for income and he draws workman comp and soc security als

Has filed bankruptcy.what are my options. He makes 5times more than I do.

Timothy J. Pickens
Timothy J. Pickens
answered on Feb 4, 2015

The bankruptcy action does not necessarily preclude you from filing for divorce. You will need to consult with an attorney familiar with family law and bankruptcy statutes in your area. It is possible for you to obtain permission by the bankruptcy court to receive some form of financial... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Court order states that I must pay my ex money in 120 days.120 days from the judgment or 120 days from when we filed?

I am just needing to know If my 120 days start from the day the judge made his judgment or 120 days from when all parties, and the judged signed the document and it was filed?

Timothy J. Pickens
Timothy J. Pickens
answered on Feb 4, 2015

You should bring your document to a trusted attorney for them to review, specifically after checking the court docket for the court's corresponding minute order. The time usually starts ticking when a family court judge conveys an order. That is, when the order is verbalized to you by the... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: My husband refinced our house after we we were married. My name is on deed at the court house. Do I have any rights?
Timothy J. Pickens
Timothy J. Pickens
answered on Feb 4, 2015

Is your name on the note and the deed? If your name is on both the note and the deed you have the debt and the equity to consider. If you are only listed on the deed the mortgage holder is more likely to go after your husband if he is the only one on the note. This matter should be discussed... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: What does it mean to file a motion to settle journal entry with court. Can they finalize divorce without my consent?
Howard Berkson
Howard Berkson
answered on Dec 12, 2013

Often, lawyers write the decree a court issues as a courtesy to the judge. Sometimes the judge directs a party to write up the decree. However, both parties have to sign the decree for it to become effective. Sometimes, the parties disagree about what the judge said should be in the decree. If... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: How do I file a divorce if me and my husband lives in the same house
Doak Willis
Doak Willis
answered on Jun 25, 2013

There is no law in Oklahoma that stops one from filing for a dissolution of marriage if they still reside in the same household. The living arrangement may become hostile. Usually, one party requests possession of the home upon filing for dissolution.The Court can then, after a hearing, make one... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: I live in Oklahoma and filed for divorce and served my spouse. My spouse lives in Florida and also filed. Can he do this?
Doak Willis
Doak Willis
answered on Jun 25, 2013

Yes. However, if you have not been served and he was first served, the Courts will communicate with each other to determine which state has Jurisdiction, if children of the marriage are involved.Generally, if the children are with you and you satisfy the Jurisdictional requirements for filing a... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: Do i have to have a divorce lawyer to appear before a judge
Timothy J. Pickens
Timothy J. Pickens
answered on Apr 23, 2013

No. But...

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1 Answer | Asked in Divorce for Oklahoma on
Q: Ben married 11yrs m i entiteled to spousal support

Iam 35 got married whjen i was 22 i duidnt work he said it costed him more for me to work tban not so i have been totally dependant on him he puts everthing in his name ive got a new job no kids i need a car and alittle support am i entitled to at least something cause he says im not i had nothing... View More

Timothy J. Pickens
Timothy J. Pickens
answered on Apr 23, 2013

His ability to pay and your need to be paid will be analyzed along with the division of property. You might get alimony or property in lieu of alimony...

1 Answer | Asked in Divorce for Oklahoma on
Q: Divorce "granted", according to minutes of court, but judge has lost paperwork and says I'm not divorced? 1.5 years ago!
Timothy J. Pickens
Timothy J. Pickens
answered on Apr 23, 2013

You might want to file a motion to settle the journal entry.

1 Answer | Asked in Divorce for Oklahoma on
Q: I filled an EPO against my spouse. I am wanting to file a divorce how does this work?
Timothy J. Pickens
Timothy J. Pickens
answered on Apr 23, 2013

You do not have to wait on the outcome of your protective order to start divorce proceedings.

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