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Oklahoma Divorce Questions & Answers
1 Answer | Asked in Divorce and Banking for Oklahoma on
Q: Can I get prosecuted for transferring money out of my husbands checking account over to my cash app card

Can I get prosecuted for stealing

Charles Watts
Charles Watts
answered on Feb 9, 2022

Are you married still? Are the any injunctions in place? Do you have access to the account normally? However, you will not probably get a direct yes or no answer on this from any attorney because there are always many facts that go into things. Contact a family law attorney to assist you in... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Can I ask husband refinance our home and pay my equity and remove my name from the home & property prior to divorce

He took me off joint bank accounts, cell phone plans and car insurance this past fall 8/21-12/21. 1/5 he turned off access to hot water and washer and dryer. I had surgery 1/7 and I'm currently staying with family in Missouri recovering.

Charles Watts
Charles Watts
answered on Jan 20, 2022

In most situations there are automatic injunctions put in place to prevent the changing of bank accounts, insurance, and utilities and the like. You need to consult with an attorney on this so that you can be represented fully. To your other question, yes you can ask, and file a joint affidavit... View More

1 Answer | Asked in Divorce, Family Law, Personal Injury and Medical Malpractice for Oklahoma on
Q: What about repeated text communications?

from paternal cousin who is going thru an alleged agreed mediated divorce with my maternal second cousin [aka “daughter”] - anything you can do about his narcissistic behavior besides ignore it? Yep. Wrap your head around that one. Lol

Peter N. Munsing
Peter N. Munsing
answered on Jan 13, 2022

you would want to consult an Oklahoma attorney, but my read would be 1) this is one divorcing person with another--let their attorneys handle it; if they have decided not to use attorneys, be aware that the person texted is getting free information, ammunition possibly. Why stop the flow. (In... View More

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Oklahoma on
Q: How do I file emergency injunction against ex who has primary custody to prevent him enrolling child in military school?

My ex husband is neglectful and abusive to our daughter and he's alienated me from my daughter for years. I had no money to get an attorney to enforce the order. Now I an trying to either enter pro se or possibly get an OAR attorney which is done on the sliding scale. I have reported to dHs... View More

Charles Watts
Charles Watts
answered on Dec 22, 2021

While I can respect your position you need to contact an attorney to assist you with this because this is not something you want to try to do alone. If money is an issue then you may want to contact free legal aid and see if they can help first, but they have a busy workload. Short of that just... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: Is my marriage invalid if my husband find out he never got a divorce from his first wife?

He went to court to file for a divorce from her and he has gotten remarried.

Charles Watts
Charles Watts
answered on Dec 21, 2021

In Oklahoma you can only have one valid marriage ((even if it is a non-ceremonial one — aka common law)). Therefore if a person is married they cannot legally marry another person and it be considered as valid this the marriage that took place while he was already married is null and void. You... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: My spouse and I still currently live together and he filed a petition for dissolution of marriage without a summons

With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?

Charles Watts
Charles Watts
answered on Nov 13, 2021

Just because you haven’t been served does not invalidate the petition. However, since you have not been served properly your time does not start for your response. You should contact an attorney to help you file a response with counter-petition and thus indirectly you are filing your own... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: If my wife was already has a boyfriend outside the marriage does not give me ground for divorce

If my spouse is already in a relationship with somebody else do I have grounds for divorce

Pete David Louden
Pete David Louden
answered on Nov 5, 2021

All that is necessary for a divorce is incompatibility. It is not necessary to prove anything beyond that.

Best of luck!

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1 Answer | Asked in Divorce for Oklahoma on
Q: state of Oklahoma, When does the automatic temporary injunction go in to effect?

Filing for uncontested Divorce, ex come by took my 2yr old to Navada without permission. Police department advised i needed legal seperation or divorce in motion to be able to get her back, I have filed Petition for dissolution of marriage, and on my way to get the Summons and notice filed..Is it... View More

Pete David Louden
Pete David Louden
answered on Nov 4, 2021

The ATI takes effect as soon as the Petition is filed. Both parents have equal rights to children of the marriage unless/until there is a court order stating otherwise.

Child custody is not a do it yourself project. You need to hire an attorney.

Here is a link to an article...
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3 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: I need to know if I can sue my father for money he owed in a divorce with my mother.

My parents divorced in 2016, my father owes us half of the property value but he has never paid any of it. My mother has PTSD from the marriage and its really hard for her to work on finding a lawyer and everything because of her mental state. I'm 21, I need to know if theres anything I can... View More

Anna L Self
Anna L Self
answered on Oct 8, 2021

If you were guardian of your mother you could pursue her action on her behalf. Also a Durable Power of Attorney drafted correctly would allow you to proceed on her behalf. You can't "take it into your own hands" as the cause of action belongs to your Mother. Good Luck!

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1 Answer | Asked in Child Custody, Divorce and Family Law for Oklahoma on
Q: How can I continue the divorce when now he doesnt want to participate anymore? It was an agreement.

My ex and I live in different states. We both agreed to divorce and me taking full custody on our minor child. He showed up to court. I did my part. I watched the videos and took the co parenting class and he was supposed to do the same. Now he doesnt want to participate. what is the next step to... View More

Anna L Self
Anna L Self
answered on Sep 30, 2021

It sounds like an uncontested divorce that is now contested. You probably need to get a summons issued and get him served unless he has already signed a waiver of the summons. After service of the summons you can file a motion for default if he doesn't respond. You need the services of an... View More

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: In a protective order case can a motion to correct a clerical error be filed at anytime?

Venue was transferred to family court in the county where paternity was pending. However judge who ordered the transfer in the same breath set a court date to be back in his court for a review hearing in 90 days. Family judge thought a full hearing and final order was already made due to that... View More

Charles Watts
Charles Watts
answered on Sep 16, 2021

You need to contact an attorney and let them review all your file and have them file any appropriate papers for you. Trying to handle things like this pro se are not advisable.

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1 Answer | Asked in Divorce for Oklahoma on
Q: I filed Foreign judgement paperwork in AR and is now filed with case number. What is my next step before filing contempt
Anna L Self
Anna L Self
answered on Aug 25, 2021

You should ask this in the Arkansas forum as Arkansas law would control as to the next step.

3 Answers | Asked in Child Custody and Divorce for Oklahoma on
Q: How do I request supervised visitation for my ex when filing for divorce?

She is mentally I'll, drug abuse, over doses, violent, reckless

Pete David Louden
Pete David Louden
answered on Aug 23, 2021

Just explain the situation and your reasons for the request to your attorney and the attorney will know how to make the request in your pleadings.

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1 Answer | Asked in Adoption and Divorce for Oklahoma on
Q: Will a divorce hinder adoption?

My wife and I have had a guardianship of a little boy for almost 6 years. We filed adoption almost 2 years ago, bio mom signed consent. Bio dad showed up to 1 of 3 mediations and 30% of visitations.

Divorce looks imminent for us, but we want to make sure our boy is safe with us.

Charles Watts
Charles Watts
answered on Aug 10, 2021

Technically, if the adoption is not final before you divorce then it will become an issue, as the statute does not allow two single people to adopt the same child. It can be one person or one married couple. If you get divorced after the adoption is final then you will have custody questions just... View More

1 Answer | Asked in Divorce and Identity Theft for Oklahoma on
Q: My wife opened credit cards In my name without my knowledge. I told her that I want a divorce. What can I do?

Is this considered identity theft?

Pete David Louden
Pete David Louden
answered on Aug 7, 2021

If you want a divorce what you can do is hire an attorney to file a divorce action for you. Schedule a consultation to discuss your case in detail and learn your specific options.

Best of luck!

3 Answers | Asked in Divorce for Oklahoma on
Q: How could I get an easy divorce being that he does have abandonment which has now been 15 yrs
Jessica Brown
Jessica Brown
answered on Jul 16, 2021

In Oklahoma, you could get a default divorce. If you’re in a bigger county, their law library might have resources or special free/low cost programs. Legal Aid’s website also has forms and helpful information.

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3 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: How do I get a judge to look at evidence? They keep denying to look at the evidence
Boe Lynn Bowen
Boe Lynn Bowen
answered on Jun 16, 2021

This is a very complicated questions that involves multiple levels of issues.

Deadlines and how the evidence was obtained, type of case and the judge all just a few variables that can keep evidence out.

I encourage you to contact an attorney to discuss your case in detail as it...
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1 Answer | Asked in Divorce for Oklahoma on
Q: How do I obtain a final decree of divorce without going to court hearings?

My divorce was granted in 2016. A handwritten order was filed outlining the terms of the divorce. I, the father, was awarded sole custody and everything else was split. My lawyer passed a few days after the hearing and never filed the final decree. How do I get one and will I need a lawyer. I’d... View More

Anna L Self
Anna L Self
answered on Jun 15, 2021

You can always represent yourself in court. You will need to draft the decree along with a custody plan and child support calculations, forward it to opposing counsel for them to approve and sign (along with your ex) and present the signed decree to the Judge. It will be up to the Judge if they... View More

2 Answers | Asked in Divorce for Oklahoma on
Q: Do I have to wait 6 months to remarry if I was married less then 6 months and am filing for divorce?

I was married for 4 months with him before I found out he was cheating. We separated in 2014. Im now in a 4 year relationship and want to get married. Do I have to wait the 6 months after the divorce is final to remarry if I wasn't even married for a year?

Anna L Self
Anna L Self
answered on Jun 1, 2021

Yes, the Judge will advise you of this at your divorce hearing. It doesn't matter how long you were married or how long you have been separated.

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1 Answer | Asked in Divorce, Family Law, Civil Rights and Domestic Violence for Oklahoma on
Q: Is it a violation of due process if a clerk never sends the EPO & court date to sheriff's office where defendant lives?

The 1st hearing was passed for no service. Next hearing Defendant stated lack of service and that he had a pending family case in Tulsa county. The judge ordered the case to be transferred to Tulsa.

Was creek county supposed to have served defendant before ordering transfer? Or did... View More

Charles Watts
Charles Watts
answered on May 20, 2021

If the defendant appeared in court then the court now has personal jurisdiction and service is made.

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