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Family Law

Oklahoma Family Law Blog

Oklahoma family law issues including adoption, marriage, divorce, legal separation, cohabitation, child support, child custody, visitation, alimony, spousal maintenance, father's rights and grandparents' visitation rights.
By Dan Nunley, Esq.

Post Frequency: 1.6/day

Last Entry: January 28, 2009 at 02:00:44

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...

Put Your Child First This Christmas

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...

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 was supposed to have been a brief unsupervised visit...

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...

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 a child’s legitimacy...

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...