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Oklahoma Divorce Questions & Answers
2 Answers | Asked in Divorce, Family Law and Real Estate Law for Oklahoma on
Q: Impact of husband's remarriage during ongoing Oklahoma divorce?

I'm currently going through a divorce in Oklahoma with my husband, who recently went to Arkansas and got married, despite our divorce not being finalized. We jointly own a house, and his new spouse has used our address on their marriage license. I have two children involved, and although the... View More

Charles Watts
Charles Watts
answered on May 11, 2025

Depending on Arkansas law he could face a misdemeanor criminal charge ((though these are not usually prosecuted by the state)) - Oklahoma it is a felony to marry another while being married. Again the state usually doesn’t do anything to prosecute this. However, it will invalidate his marriage... View More

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1 Answer | Asked in Divorce, Child Custody and Family Law for Oklahoma on
Q: Responding to Oklahoma divorce petition and temporary order with child custody concerns.

I was served with a petition for divorce and dissolution of marriage in Oklahoma a week ago, along with an application for a temporary order. I'm unsure whether to respond to the petition or the temporary order first. The temporary orders have a 20-day deadline. I don't have a lawyer, and... View More

James L. Arrasmith
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answered on May 14, 2025

It’s completely understandable to feel unsure of what to do first when you’ve just been served legal papers—especially with kids involved. Since the temporary order has a 20-day deadline, that should be your immediate priority. You’ll want to file a response to the application for the... View More

2 Answers | Asked in Divorce and Family Law for Oklahoma on
Q: How to check for divorce filed without knowledge in Oklahoma?

I live in Oklahoma and suspect that my spouse may have filed and obtained a divorce without my knowledge. We are still living in the same house, which makes the situation more puzzling. I haven't received any legal notices, but there's a possibility he might have used an old address for... View More

Charles Watts
Charles Watts
answered on May 5, 2025

You can check oscn.net - it is not hard to file without a spouses knowledge, however you will still have to be served and given an opportunity to respond.

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1 Answer | Asked in Divorce, Domestic Violence, Landlord - Tenant, Family Law and Real Estate Law for Oklahoma on
Q: Is a protection order hearing in OK joint? Can home be sold during divorce?

My 76-year-old sister, residing in Oklahoma, is currently in the process of divorcing her abusive husband. Recently, he threatened her and her coworker with a gun, which was reported to the sheriff. She is working to obtain a restraining order and must appear before a judge on May 6. Complicating... View More

James L. Arrasmith
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answered on May 15, 2025

I'm really sorry your sister is going through something so serious. No one should have to face threats or violence, especially during something as emotionally draining as a divorce. She's doing the right thing by seeking legal help and trying to protect herself.

In Oklahoma, it is...
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2 Answers | Asked in Divorce, Domestic Violence and Family Law for Oklahoma on
Q: Spouse refuses to sign marriage dissolution decree, threats involved.

In Oklahoma, my son's spouse refuses to sign the decree of dissolution of marriage. She has been separated from him for over five years and has sent him threatening text messages if he tries to contact her. We have no children involved, and there are no lawyers or protective orders in place.... View More

Charles Watts
Charles Watts
answered on Apr 4, 2025

Your best bet is to contact a family law attorney and have them help you through this last bit of the process.

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: How to publish divorce notice in OK if spouse is unreachable?

I'm helping my son file for divorce without a lawyer in Oklahoma to save money. His wife signed the petition for dissolution of marriage and the waiver of summons and entry of appearance but did not sign the decree of dissolution of marriage. Now, we don't know where she is, and she is... View More

James L. Arrasmith
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answered on Apr 13, 2025

When proceeding with a divorce in Oklahoma where your spouse is unreachable, you can request the court's permission to serve notice by publication. This process involves publishing a divorce notice in a newspaper to inform your spouse of the proceedings.

**Steps to Publish Divorce...
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2 Answers | Asked in Divorce, Legal Malpractice and Family Law for Oklahoma on
Q: Lawyer unresponsive in divorce case; not providing files

I've been dealing with my lawyer for two years regarding my divorce case. She hasn't contacted me in over a month, even after I sent a certified letter, and she isn't providing any of my information on file. I've tried reaching out via email and text. I'm particularly... View More

Charles Watts
Charles Watts
answered on Apr 3, 2025

You can hire a new attorney to file an entry on your behalf and they will be able to get all the information from the opposing counsel or from the court. Alternatively, you can file a termination of attorney with the court and then you can represent yourself pro se and the opposing counsel can... View More

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2 Answers | Asked in Real Estate Law, Divorce and Family Law for Oklahoma on
Q: Do I need my ex-wife’s signature to sell my home in Oklahoma City after divorce?

I am trying to sell my current home in Oklahoma City after being legally divorced from my ex-wife for several years. She no longer lives at the address, but she is on the deed because she had to legally sign during the purchase process when we were still together. Our divorce was uncontested, and... View More

Charles Watts
Charles Watts
answered on Mar 31, 2025

Based on your facts you presented, there being no reference to the property in the decree, then yes she will have to sign for you to sell the house. In the alternative, you can file a quit-claim deed to have her removed, then when you are ready to sell she would be off the deed. Either item will... View More

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2 Answers | Asked in Divorce and Domestic Violence for Oklahoma on
Q: Can I get a divorce in Oklahoma without serving my husband in prison?

I want to know if I can get a divorce in Oklahoma without serving my husband, who is currently in prison. We've been married for three years and have no children. I'm in a dangerous situation because he is a shot caller in a gang, and I just want the divorce.

Charles Watts
Charles Watts
answered on Mar 24, 2025

I’m sorry to hear about your situation. However, our judicial system and constitution makes sure people have a right to have notice and an opportunity to be part of a judicial proceeding in which they are a party to.

You would have to get him served, but you can request this be done with...
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1 Answer | Asked in Divorce, Child Custody and Family Law for Oklahoma on
Q: Is it illegal for husband to keep children from me during divorce?

I'm currently going through a divorce, and there is no custody agreement in place. My mother is assisting my husband in keeping my two children, ages two and one, away from me. I'm concerned about their well-being while in his care. I attempted to seek legal aid but was denied without... View More

Aaron Bundy
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answered on Feb 17, 2025

The answer will depend on the circumstances. If there is no court order, you will need to go to court and have a hearing to establish a custody and schedule for parenting time. The Automatic Temporary Injunction that goes into effect when a divorce petition is filed and served prohibits a parent... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Right now I'm depending on my wife for income basically everything and she always threatens to leave me s
Aaron Bundy
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answered on Jan 1, 2025

There are many factors that could impact your claim for spousal support in the event of separation or a divorce. Each spouse's earning capacity will be one factor. Another factor will be the length of the marriage. Support claims are fluid and fact-sensitive, so you would benefit from a... View More

1 Answer | Asked in Divorce, Family Law and Education Law for Oklahoma on
Q: If a parent files a VPO against their spouse, can that spouse still have access to the child's educational records?

Both parents are listed as guardians in the school database. The Victim Protective Order does not state anything about educational records.

Charles Watts
Charles Watts
answered on Oct 7, 2024

So long as the VPO is not on behalf of the minor children as well, the VPO does nothing to affect the 'legal custody rights' of the other parent. If the VPO is only in the name of the one parent against the other parent, then access to the children/children's records would remain... View More

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: Upon my ex & I divorcing in TX I was awarded half of his retirement. He stopped paying. How do I enforce as I live in OK

My ex is retired military. DFAS will not enforce because of the 10/10 rule. We we married for 6 years opposed to 10 years. When our son graduated high school 2022 he stopped payments and evades attempts to contact. I also do not think he was paying half before. I have no way to verify this.

John Michael Frick
John Michael Frick
answered on Jun 26, 2024

You need to hire a Texas attorney in or near the county where your divorce decree was entered to enforce the property division set forth in the Decree. If your spouse was ordered to pay monthly, was paying monthly, then stopped, you have two years from the date of the first missed payment to file... View More

1 Answer | Asked in Divorce for Oklahoma on
Q: My spouse lives in another state and won't agree to a divorce. What should I do?
Charles Watts
Charles Watts
answered on May 8, 2024

Contact a family law attorney to assist you. Just because one party does not agree to the divorce does not mean you are not able to get one. There are procedures that can be taken to get you the divorce.

1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: In the Divorce Decree, when dividing retirement accounts do the names of the accounts need to be listed?

Draft of Decree simply reads "his (company name) retirement account to be divided 50/50". Is this acceptable or will it create issues down the line?

Charles Watts
Charles Watts
answered on Dec 27, 2023

Technically it is ok.

Some attorneys like more information, some even like last 4 of account number, to eliminate questions. Other attorneys prefer less and would just say 50% of the retirement accounts to go to the other person to allow some flexibility. No set rule - both have pros/cons...
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1 Answer | Asked in Divorce, Personal Injury, Child Custody and Child Support for Oklahoma on
Q: I'm going through a divorce. I didn't get a lawyer and my wife obtained a Protective order quite easily. I obay it.

She breaks into my home and wrote on my clothes with a chemical that left burns. I have pictures of burns on my face and body. What can I do to protect myself.

Charles Watts
Charles Watts
answered on Dec 27, 2023

File a vandalism police report and file your own VPO.

2 Answers | Asked in Divorce, Family Law, Child Custody and Domestic Violence for Oklahoma on
Q: I got served divorce summons I don't agree with. I have noticed that there is a couple typos can a motion dismiss this

If I have a disability what motion can I file that prohibits any court procedures continuing

Charles Watts
Charles Watts
answered on Oct 24, 2023

Typos are natural. It won’t get dismissed because of that, if you make it an issue the other party only has to resubmit it as an amended petition, but the petition is not the final decree, so it’s really not a major issue ‘normally’. You must answer the petition/summons within the allotted... View More

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1 Answer | Asked in Divorce and Family Law for Oklahoma on
Q: I never turned In my marriage license in Oklahoma will I be considered legally married
T. Augustus Claus
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answered on Oct 16, 2023

Yes, you will be considered legally married in Oklahoma even if you never turned in your marriage license. The marriage license is a record of your marriage, but it is not required for the marriage to be valid. However, it is important to turn in your marriage license as soon as possible after you... View More

1 Answer | Asked in Child Custody, Child Support, Divorce and Family Law for Oklahoma on
Q: can parents decide custody\child support on their own when filling divorce in Ok and Ok courts honor the agreement

we are discussing divorce we have already decided on a mutual agreement of assets (what little there is) all going to her and she offered to take full custody but wants zero child support a combination of reasons but mostly my career would not allow me to be the holder and visitation would be very... View More

Charles Watts
Charles Watts
answered on Oct 25, 2023

In most situations you can deviate from the guidelines, especially if both sides have an attorney, or more specifically the one who would be affected more than the guidelines would reflect. In other words if the one receiving was getting less, if that person was represented, or if one was paying... View More

1 Answer | Asked in Criminal Law, Divorce and Banking for Oklahoma on
Q: My ex husband cashed an escrow and insurance check with my name on it too. Is there something legally I can do?

He didn’t offer me half.

It had my name AND his name. Our names were separated by AND.

T. Augustus Claus
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answered on Sep 29, 2023

Your name being on the check and it being cashed without your consent could constitute fraud or conversion. You could file a civil action to recover your share of the money.

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