Family Law

Can I get a divorce in Oklahoma if I was married in another state?

Posted on January 28, 2009
It doesn’t matter where you were married. The State in which you were married has nothing to do with getting a divorce. What does matter is the state in which you are currently living. If you or your spouse have lived in Oklahoma for at least six months immediately preceeding the filing of a divorce [...

Standard Visitation in Oklahoma Divorces

Posted on January 27, 2009
In Oklahoma divorces, a standard visitation agreement generally provides for the child to be with the non-custodial parent for one weeknight every week, and on every other weekend. On visitation weekends, the non-custodial parent typically picks the child up from school or daycare on Friday afternoon and returns the child to the school or daycare [...

Paternity in Oklahoma

Posted on January 26, 2009
A child has a right to emotional and financial support from both his mother and father. In Oklahoma, establishment of legal paternity provides rights and protection for the child, the child’s mother and the child’s father. However, until legal paternity has been established, the father has no right to custody or visitation and the mother [...

What is discovery in an Oklahoma divorce?

Posted on January 23, 2009
In litigation, “discovery” is the process by which each side learns about the other’s case. In divorce cases, discovery is most often focused upon information related to finances. Most of the divorce cases I am involved in are In Tulsa County where the local rules require each side to provide one [...

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Husband Demands Wife Give Back Kidney He Donated To Her

Posted on January 09, 2009
Divorce litigation can get downright vicious, especially when the parties become unrealistic in their demands, vindictive in their behavior, and overly-emotional. I’ve seen and heard things that have made me just shake my head in disbelief. But here’s a new one for even me...

It?s Usually Not A Good Idea To Represent Yourself In Divorce Court

Posted on January 06, 2009
Can an individual represent themselves in an Oklahoma divorce court? The simple answer is yes. But unless that individual is extremely familiar with Oklahoma family law and civil procedure, he or she will generally receive a much better result by hiring a knowledgeable and experienced family law attorney...

Father Kills Son Rather Than Pay Child Support

Posted on January 05, 2009
In a tragic story out of New Orleans, a father has been charged with first-degree murder in the death of his 2 1/2 year old son. Apparently the father had never before exercised his visitation rights with his son, but upon being ordered to pay child support, the father arranged to pick up the boy [...

Depressed Housing Market Hinders Ability to Divorce

Posted on January 02, 2009
The easy divorce has become a victim of the depressed housing market. In times past, divorcing couples often argued over who got to keep the house. With statistics now showing that one in six houses is worth less than the mortgage owed against it, more couples are now fighting over who will get stuck with [...

A Good Family Law Attorney Is Priceless

Posted on December 29, 2008
Family law attorneys often get a bad rap and many times for good reason. Many of my clients have hired me after becoming unhappy with their previous lawyer or because they were in desperate need for post-divorce representation to address inequities in court orders or judgments...

Put Your Child First This Christmas

Posted on December 19, 2008
Maryland family law attorney Dawn Elaine Bowie recently authored a great article on the problems associated with child visitation that always seem to occur during the holiday season. Ms. Bowie offers some good suggestions to divorced parents who want to avoid these holiday visitation troubles...

Can a child choose which parent to live with in a divorce?

Posted on December 15, 2008
In an Oklahoma contested divorce in which the husband and wife are parents to a minor child, the judge will decide which parent will be the primary custodial parent based on the best interest of the child standard. I am often contacted by parents who ask if the child custody arrangement can be changed if the [...

How the troubled economy is affecting divorce.

Posted on December 04, 2008
In most divorce cases involving real property, the house is promptly sold, any equity is divided between the parties, and the former husband and wife move on with their individual lives. However, with the present troubled economy and depressed housing market, more and more divorcing couples are continuing to live under the same roof after [...

What is a QDRO?

Posted on November 26, 2008
A Qualified Domestic Relations Order (QDRO) is a court order which allows payouts from a retirement plan to a former spouse. The QDRO is necessary when dividing a retirement account pursuant to divorce proceedings due to the restrictions placed on pensions by Internal Revenue Code and Employee Retirement Income Security Act (ERISA)...

Tulsa County Judge Perugino Dismisses Same-Sex Divorce Petition

Posted on November 26, 2008
Yesterday, Tulsa County Special Judge Robert Perugion dismissed a same-sex divorce petition filed on behalf of Cait O’Darling. Perugino noted that Oklahoma defines marriage ?as the union of one man and one woman? and said he could not grant O?Darling?s request for a ?dissolution of marriage? from another woman...

How can I get an uncontested or agreed divorce in Oklahoma?

Posted on November 25, 2008
Obtaining an uncontested divorce in Tulsa or anywhere else in the state of Oklahoma is a straight-forward process so long as you and your spouse agree on all of the important issues of your divorce such as custody, visitation, child support, alimony or support maintenance (if any), and a complete division of assets (property) and [...

What is an uncontested divorce in Oklahoma?

Posted on November 24, 2008
An uncontested divorce is simply a divorce whose terms have been negotiated by and agreed upon by the married couple. An uncontested divorce is the result of a husband and wife who have made the decision to end their marriage, not by fighting it out in court, but rather by talking through the issues [...

More Support for Fixed Attorney?s Fees

Posted on November 21, 2008
It’s always good to know that you are ahead of the curve in the practice of law. At the beginning of 2008, I switched from billing my clients by the hour to representing them on a fixed fee basis. Here is an article, albeit written from the perspective of “Big Law”, that confirms the benefits [...

Benefits of an Oklahoma Uncontested Divorce

Posted on September 03, 2008
An uncontested divorce is where husband and wife can reach a decision as to the terms of the divorce without having to fight it out in court. While no divorce is truly “uncontested” in the sense that there are no disagreements, these disagreements do not always have to be resolved in court...

Oklahoma Uncontested Divorce Lawyer

Posted on September 02, 2008
If you and your spouse both agree that divorce is your best option, and you are able to communicate effectively with one another in order to resolve the important legal issues involved in your divorce, you are prime candidates for an uncontested divorce...

Oklahoma DHS settles lawsuit regarding its negligence in death of toddler

Posted on August 19, 2008
A federal judge in Tulsa gave approval last Friday for a $160,000 settlement in a lawsuit that was filed against the Oklahoma Department of Human Services after the 2005 scalding death of a 2-year-old Tulsa boy. The lawsuit filed by the child’s grandfather, alleged that DHS was negligent for failing to remove the boy from his [...

Another Example of Oklahoma DHS Abuse

Posted on August 11, 2008
Seems to me that every month brings another story of either abuse or incompetence on the part of the Oklahoma Department of Human Services (OKDHS). The most recent installment in this saga has OKDHS turning upside down the life of Tulsan Michael Thomas...

How Our Adversarial Legal System Complicates Divorce

Posted on August 06, 2008
What I am about to say does not apply to a small minority of divorce cases - those where spousal abuse or child abuse is involved, or where one spouse is a control freak, etc. But for the vast majority of divorce cases, minimizing involvement with our court system is the way to go...

3 Different Styles of Divorce Lawyers

Posted on July 25, 2008
In my years of divorce practice I have seen lots of lawyers handle divorce cases.  There are as many different styles as there are different lawyers.  But, I have also noticed three recurring styles of lawyer in particular.  I call them the lamb, the pit bull and the fox...

Mom Kidnaps Children From Dad

Posted on June 13, 2008
Here's a story about a father who was awarded sole legal custody of his two young boys due to the mother's history of alcohol addiction and child abuse. However, the mother kidnapped the children and fled to Egypt after what...

Court Denies Paternity Despite DNA Proof

Posted on May 01, 2008
A sharply divided Kentucky Supreme Court recently denied paternity to a man with DNA proof supporting his claim to be the child's biological father. The Kentucky high court based its decision on the marital presumption which bars any attack against...

It's Time To Bury The Billable Hour

Posted on April 17, 2008
William Wilson, author of the Indiana Family Law Blog, read yesterday's post regarding Scott Turow's article on hourly billing and was inspired to sit down and write concerning his perspective on the billable hour system. I highly recommend that you....

It?s Time To Bury The Billable Hour

Posted on April 17, 2008
William Wilson, author of the Indiana Family Law Blog, read yesterday’s post regarding Scott Turow’s article on hourly billing and was inspired to sit down and write concerning his perspective on the billable hour system. I highly recommend that you take the time to read Mr...

Famous Lawyer Says The Billable Hour System Must Die

Posted on April 16, 2008
Attorney and best-selling author Scott Turow says in a recently-published article in the ABA Journal that the billable hour system is not merely bad for the lives of lawyers but is worse for clients, bad for the attorney-client relationship, and...

Billing By The Hour Seen As Corrupting To The Legal Profession

Posted on April 14, 2008
I have posted previously (here, here, here, here, and here) on the benefits of a flat or fixed fee billing system. Here is an article written by the President of the California Bar Association in which he says that the...

Your Questions and Comments

Posted on April 11, 2008
First of all I want to say how much I appreciate you the reader of the Oklahoma Family Law Blog. I hope that you find the information interesting and educational. If you aren't yet a subscriber, consider becoming one today....

Women With Graduate Degrees Are More Likely to Divorce

Posted on April 09, 2008
A soon to be published study of more than 100,000 professionals reveals that women with MBAs, law degrees, and medical degrees are twice as likely to get divorced or separated as their male counterparts. The study also found that highly...

More Men Are Receiving Alimony From Ex-Wives

Posted on April 07, 2008
Is it unmanly to receive alimony from your ex-wife? While I don't have any male clients who receive temporary support or alimony, apparently this is a growing trend as more and more women move up the career ladder and earn...

Judge Vacates Divorce So Ex-Wife Can Become Widow

Posted on March 28, 2008
Last month an airman stationed at Tinker Air Force Base shot and killed his nine-year-old daughter and four-year-old son before turning the gun on himself. This tragedy occurred just eleven days after the airman and his wife were granted a...

Judge Vacates Divorce So Ex-Wife Can Become Widow

Posted on March 27, 2008
Last month an airman stationed at Tinker Air Force Base shot and killed his nine-year-old daughter and four-year-old son before turning the gun on himself. This tragedy occurred just eleven days after the airman and his wife were granted a...

Oklahoma and California Are At Opposite Ends Of The Homeschooling Spectrum

Posted on March 09, 2008
Oklahoma is the friendliest state to home schooling parents because Oklahoma is the only state that has a constitutional provision guaranteeing parents the right to educate their children at home. Because of that, Oklahoma may see an influx of home...

DivorceCare Program Begins At Broken Arrow Church

Posted on February 28, 2008
DivorceCare is a Christ-centered, 13-week program offered across the nation as a support group for people who are divorced, going through a divorce, or separated. The Assembly at Broken Arrow just started a new DivorceCare class last night at its downtown campus located at 200 E...

DHS Employee Fails To Report Sexual Abuse

Posted on February 23, 2008
Here is a appalling example of a state agency found to be contributing to the abuse and neglect of the very children it has been charged to protect. And to add to the outrage, research reveals that this is just one of many examples of DHS' failings. Last week, a DHS case worker was charged with a misdemeanor count of failing to report child abuse...

New Judges in Tulsa County Divorce Court

Posted on February 22, 2008
If either the Honorable Mark Barcus or the Honorable Terry Bitting has been the judge in your Tulsa County family law case, get ready for a change. Both judges are "Special District Judges" who have no specific term of office as they are hired by and serve at the pleasure of the elected district and associate district judges...

When A Divorced Couple Changes Their Minds

Posted on February 19, 2008
Every now and then, I receive a call or email from someone who tells me that he/she and their ex have reconciled and want to be married again. In Oklahoma, there are three ways for a divorced couple to become remarried. 1.  The couple may remarry by obtaining a marriage license and having a civil wedding ceremony...

Oklahoma Family Law Blog Moves to New Site

Posted on February 18, 2008
This will be the final post on this site as the Oklahoma Family Law Blog is moving. Click on this link and you will taken to the new site.  Subscribers should update their RSS feed to continue to receive the latest posts concerning  Oklahoma family law issues.

10 Things Not To Do In Your Divorce Case

Posted on February 06, 2008
Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don?t be one of them. Divorce law isn?t rocket science, but it isn?t always intuitive...

Parents Have Constitutional Right to Cross-Examine Guardian Ad Litem

Posted on January 30, 2008
In a recent case, a father sought to cross-examine a guardian ad litem regarding her custody recommendation. The guardian ad litem argued that she could not be called as a witness in the custody litigation based on an Oklahoma statute (43 O.S. 107.3 (A)(2)(e)) that states that a guardian ad litem "is not subject to discovery under the Oklahoma Discovery Code...

When Visitation Rights Are Denied

Posted on January 28, 2008
I am receiving an ever-increasing number of telephone calls and emails from non-custodial parents concerning their visitation rights being either out-right denied or at least negatively impacted by the primary custodial parent's willful actions. In my opinion, the primary custodial parent has an obligation to comply with the court's orders regarding visitation and should do everything in his/her power to not cause trouble...

Watch Out For Dirty Divorce Tricks

Posted on December 18, 2007
Divorce is an extremely emotional event for both husband and wife, regardless of whether the spouse normally wears his emotions on his sleeve or hides his true feelings. Highly charged emotions are the norm and many spouses begin to act in ways that show their dark side...

No More Hourly Billing For Me

Posted on December 17, 2007
Like many family law attorneys, my practice has been to charge my clients a flat fee for uncontested matters and an hourly fee for contested matters. Recently, I have given much thought to representing all clients for a flat fee, even in contested matters...

Another Vote for Flat Fees in Contested Divorces

Posted on December 13, 2007
Here's what Kansas family law attorney Grant Griffiths had to say about yesterday's post. "I could not agree more. I have been doing flat fee cases in my family law practice for at least 3 years now. It really does work better for both the client and attorney...

Still More on Flat Fees in Contested Divorces

Posted on December 12, 2007
This week I have been posting regarding my opinion as to the benefits of attorneys charging a flat fee instead of billing by the hour in contested divorce cases.  Today I would like to share what South Carolina family law attorney Ben Stevens has to say about the issue:    The American Bar Association released a report just over five years ago that was very critical of the ?standard? way that many (if not most) attorneys charge their clients for their services...

More on Flat Fees in Contested Divorces

Posted on December 11, 2007
Yesterday, I posted on the issue of flat fees versus hourly fees in contested divorce cases. For the remainder of the week, I will share with you what several other family law attorneys believe about flat fees in contested divorce matters. First up is Alabama divorce lawyer Michael Sherman who says: "I would not hire a lawyer that is not willing to represent you in a divorce on a fixed fee...

Benefits of Flat Fees in Contested Divorces

Posted on December 10, 2007
While many attorneys offer flat fees for uncontested divorces, very few are willing to represent a client in a contested divorce for a flat fee. Why is that when there certainly are benefits to both the lawyer and the client from a flat fee arrangement? I feel safe in saying that the vast majority of clients would prefer to pay a flat fee rather than an hourly fee, simply for the benefit of knowing exactly how much they will be paying out of pocket for divorce representation...

Is Divorce Ever Good?

Posted on December 06, 2007
Is divorce ever good? If not, can it sometimes be the lesser of two evils? Here is a thought-provoking article that considers bad marriages and divorce from a theological perspective. Source: Parchment & Pen Blog.

How Divorce Affects Income Tax Filing Status

Posted on December 05, 2007
Your marital status on the last day of the tax year determines your income tax filing status for that tax year. If you have a final decree of divorce as of December 31, you can file as single, or you may qualify for head of household status. However, if your divorce is not yet final as of December 31, you can file jointly or married filing separately...

Unmarried Mothers Have Sole Legal Custody

Posted on November 30, 2007
Recently, I have received numerous questions regarding the issue of what rights does an unmarried mother or an unmarried father have concerning their newborn baby. In Oklahoma, if a mother and father were not married to each other when their child was born and have not married each other since, and a court has not issued an order regarding custody of or visitation with the child, then the unmarried mother automatically has legal custody of the child without having to go to court...

State Courts Closed For Oklahoma's Centennial

Posted on November 15, 2007
Just a reminder that Oklahoma courts and government offices will be closed Friday, November 16, 2007 in celebration of Oklahoma's 100th birthday.