With notice. Can I file my own petition as the petitioner since I haven’t been served or signed a wavier?
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 
If my spouse is already in a relationship with somebody else do I have grounds for divorce
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!
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
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... View More
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
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!
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
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
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
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.
answered on Aug 25, 2021
You should ask this in the Arkansas forum as Arkansas law would control as to the next step.
She is mentally I'll, drug abuse, over doses, violent, reckless
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.
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.
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
Is this considered identity theft?
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!
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.
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... View More
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
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
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?
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.
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
answered on May 20, 2021
If the defendant appeared in court then the court now has personal jurisdiction and service is made.
answered on May 15, 2021
A crime should be reported as soon as possible to preserve the evidence.
I got married in Arkansas on 8/13/2020 in Fort Smith Arkansas. The next following month I filed for an annulment in Wagoner, Oklahoma but my husband decided to challenge the Arkansas law and state that we are not married despite the license being filed in Arkansas and signed by a minister. The... View More
answered on May 6, 2021
This is a situation where free advice over the internet is not going to resolve this issue. My suggestion is take all of your documents to an attorney so they can review and give you an opinion and explain your options.
If there is a marriage and you are trying to get divorced you would... View More
answered on May 4, 2021
I'm not sure what you mean by suing for spousal abuse/ domestic assault. You would report any crimes to law enforcement as soon as possible after the event.
My husband has been talking to another woman on the phone. States they have not had sex but he wants a divorce because he is in love with her. Wants me to move out so she can move in our house.
answered on May 3, 2021
I'm sorry to hear about that. It's such a tough position.
That cause of action, alienation of affection, was abolished in Oklahoma in 1976.
I wish you the best.
In the process of getting a divorce and my wife has been doing things against court orders, while in possession of our children, that i see as being potentially harmful to there wellbeing. I cant legally protect them without evidence and this is the only way i can see to obtain any. Thank you for... View More
answered on Apr 28, 2021
My opinion would be no. You will probably get a whole lot further if you hire an attorney and let them guide you on what type of evidence will be admissable in court and most helpful.
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