Frequently Asked Questions

The law does not require you have an attorney; however, you will be better prepared for every step of the process and you will understand every step in the process with a good family law attorney. Hiring an experienced family law attorney will allow you to face this difficult time with an advocate and someone always on your side to answer your questions and fight for you.

Yes, a common-law marriage is formed when the parties have a meeting of the minds to consent to marriage at the same time. The following are common grounds to demonstrate common law marriage: cohabitation; acting as spouses; recognition by the community as spouses; and the parties’ declaration of being spouses.

Yes, a marriage can be void, if attacked by annulment, while the disability exists pursuant to OKLA. STAT. tit. 43 § 128.

Sometimes called alimony without divorce, legal separation is the continuation of marriage with economic separation of the parties, including property division and support alimony. It can be granted for any reason, just as a divorce. The authority for legal separation is found at OKLA. STAT. tit. 43 § 108.

You can remarry your former spouse at any time; however, you must wait six (6) months to marry someone other than your former spouse. A marriage entered into prior to six (6) months after divorce is voidable and can be terminated. Additionally, if you marry someone other than your former spouse within six (6) months outside of Oklahoma and return the marriage will be valid pursuant to the Court’s decision in Copeland v. Stone, 842 P.2d 754.

One of the parties of the divorce must have lived in Oklahoma for six (6) months in good faith prior to filing a petition for divorce, in order for the court to exercise jurisdiction, authority, over a divorce in Oklahoma. OKLA. STAT. tit. 43 §102 specifically states: Except as otherwise provided by subsection B of this section, the petitioner or the respondent in an action for divorce or annulment of a marriage must have been an actual resident, in good faith, of the state, for six (6) months immediately preceding the filing of the petition. B. Any person who has been a resident of any United States army post or military reservation within the State of Oklahoma, for six (6) months immediately preceding the filing of the petition, may bring action for divorce or annulment of a marriage or may be sued for divorce or annulment of a marriage.

So you’re getting a divorce and now your happily ever after is about to turn sour. We are here for you during this emotional loss to provide an objective view and guidance through the process. Let’s start with an explanation of the process from start to finish.


1. Petition – Each divorce begins with the filing of a petition. Our petition will ask the judge for what you want out of the divorce and what grounds you are divorcing on.


2. Answer – Maybe it was not your choice to divorce, but you are still required to answer once served with divorce papers. Contact us and we can help get additional time, if needed, to get your answer in appropriately.


3. Temporary Order Hearing – Depending on the type of divorce you have, we will also ask for a Temporary Order hearing. The “TO hearing” will determine how your real and personal property will be split, custody, child support, and what a visitation schedule will look like prior to uncovering as much evidence as we can during the next step.


4. Discovery – This is the process of discovering evidence to prove your case. We may send out questions to the opposing party, ask or subpoena documents, conduct depositions, and secure expert testimony during this time to prepare for trial.


5. Mediation – Many times clients are open to voluntarily submitting to mediation to try to resolve their claims instead of taking the risk to see what a judge will do at trial. We encourage mediation in family law cases as these cases can be taxing, stressful, and subject to a broad range of judicial discretion.


6. Trial – We help prepare you, witnesses, and evidence to present your case in the best light possible to the judge.

Property acquired during a marriage is presumptively marital property and obtained through the joint efforts of spouses. However, this rebuttable presumption may be overcome with evidence proving the gifts to one spouse or inheritance were kept substantially intact and remain separate property.

Separate property is all property not acquired from the joint efforts of marriage, including property acquired after separation, but prior to a final divorce decree.

Yes, your spouse will receive a portion of your retirement account, unless your spouse waives their marital interest in your retirement account or they receive a buyout for proportionate share.

Yes, pursuant to OKLA. STAT. tit. 43 § 121 and the Uniform Services Former Spouses’ Protection Act, 10 U.S.C. § 1408, a Court can determine military retirement as property of the military member alone or of both the military member of his/her spouse.

Marital assets are not always split evenly in Oklahoma. Our state is an equitable distribution state, which means the marital assets should be divided fairly. Family law judges in Oklahoma use their discretion to divide marital property, unless you and your family law attorney can reach an agreement with your spouse.

The Court is required to enter clear and concise written findings, including the amount given to the spouse consistent with the rank, pay grade, and time of service of the member at the date of filing the divorce petition, unless a more equitable date is determined.

The presumption is yes, every parent has a statutory obligation, OKLA. STAT. tit. 43 §§ 112 and 113, obligation to support his or her minor child.

The Oklahoma Child Support Guidelines are used in every child support case to determine the correct amount of child support. Further, the District Court in every divorce or custody case has an obligation and duty to determine child support.

The Adjusted Gross Income (“AGI”) is used to calculate the total accessible income for child support purposes. AGI is set by adding social security paid to the child on account of the parent; deducting any former support alimony from the income; deducting any existing child support orders that is actual paid; and deducting debts of the parties

Gross income includes earned and passive income from any source, but does not include Temporary Assistance for Needy Families (“TANF”); Supplemental Security Income (“SSI”); Food Stamps; or General Assistance.

Earned income for child support purposes includes: salaries, wages, tips, commissions, bonuses, severance pay, military pay, hostile fire/imminent danger pay, combat pay, and other forms of income from the military.

Passive income is a catch-all outside of earned income. It specifically includes, but is not limited to the following: dividends, pensions, rent, interest income, trust income, support from another action, annuities, social security benefits, workers’ compensation, unemployment insurance benefits, disability insurance benefits, prize money, gambling winnings, lottery winnings, and royalties.

Minimum wage paid for a forty-hour work week or income for the previous three (3) years will be imputed, whichever amount is most equitable will be used for child support calculations pursuant to OKLA. STAT. tit. 43 § 118B(4).

The base child support obligation is the support displayed in the schedule of Basic Child Support Obligations after combining the Adjusted Gross Income “AGI” of both parents and the children for whom support is calculated.

Yes, the Court is required to exclude from gross income child support made or received from other child support orders pursuant to OKLA. STAT. tit. 43 §§ 118E(2) and 188E(5).

Shared parenting time, as defined at OKLA. STAT. tit. 43 § 118E(10), sets a formula outside the standard Child Support Calculation when both parents have physical custody of the child for at least 120 overnights a year.

The Obligor in child support is the parent or person required to make child support payments.

An overnight for child support calculation purposes occurs when the child is in the physical custody of a parent for twelve (12) hours or more and the parent has incurred reasonable expenses for the care of the child.

The Parenting Time Adjustment statute replaced the long-standing Shared Parenting Adjustment statute. The new statute allows for the custodial parent, the parent having more than one hundred eighty-two (182) overnights with the child, to pay child support to the non-custodial parent. The new statute, the Parenting Time Adjustment statute, prohibits a parent with more than two hundred-five (205) overnights from paying child support.

Oklahoma law allows for the appointment of a guardian in order to protect the person or property of a minor. The guardian is tasked with taking care of the minor child and ensuring the minor child’s needs are addressed.

There are multiple reasons to establish a guardianship in Oklahoma, including: enrolling a child in school; ensuring proper care for a child: day care, medical care, medical treatment, and/or support of the child; receiving state benefits for the child and ensuring the child is supported.

There are two primary types of guardianship in Oklahoma: guardianship of a child and guardianship of a vulnerable adult.

In order to be appointed a guardian in Oklahoma you or your family law attorney must file the proper paperwork in District Court, set a hearing before the assigned family law judge; and at the hearing request your appointment as guardian for the minor child. Additionally, you must follow the statutory protocol for maintaining a guardianship.

A verified guardianship petition which states the necessary information for the family law judge to consider your guardianship and if appropriate an application for emergency guardianship.

There are two types of contempt of court, both occur in family law proceedings: direct contempt and indirect contempt. Direct contempt is disorderly or insolent behavior during court session. Indirect contempt is willful disobedience of court process or any lawful order by the court

The punishment for contempt in a family law, divorce, or custody proceeding may be remedial to convince or coerce the defendant to follow the court order or it may be punitive to punish the defendant for failing to comply with a court order.

Generally, if you correct the issue that was raised in the contempt action your family law attorney will be able to convince the other side to your divorce or child custody case to discuss the contempt action or convince the judge to dismiss based on your correcting the issue raised in the contempt action.

A number of defenses exists to contempt of court in family law, divorce, or custody proceedings, including, but not limited to the following: the violation was not willful, i.e. the child support or alimony payment was not made, because the party is unable to make the payment; the alleged contemptuous act is not in violation of a court order, i.e. the conduct violated an agreement between the parties, but is not part of the divorce decree, custody plan, or a temporary order of the court; the contempt may be purged by correcting the act in contempt of court, i.e. paying back child support or support alimony or returning the property agreed in a divorce decree or temporary order; the defendant is not at fault for the contempt, i.e. defendant’s inability to comply due to factors outside defendant’s control, such as a third party possessing the property that the divorce court’s temporary order required be turned over to the other party; statute of limitations has run on the act in the divorce action, which was contemptuous; or you did not receive proper notice of the contempt in your family law matter or divorce.

The court should not consider issues outside the petition or amended petition for contempt, unless the parties agree to those issues being decided at one time. The Court does not have authority to render judgment in a contempt case, even in a divorce or child custody proceeding without proper notice being provided to the defendant of a contempt action.

Evidence that is seized in the course of an improper search may not be admitted at trial. If a search was conducted unlawfully, a defense attorney must submit a motion to suppress the evidence, and the court should then rule the evidence inadmissible.

You should always be polite and courteous with law enforcement officers; however, you should NOT admit guilt or apologize for anything. Do not try to talk yourself out of the situation. If the officer asks whether you have been drinking, it is best to say that you would like to speak to an attorney before answering any questions.

You are not legally required to take any field sobriety test. FSTs are highly subjective in nature, and you should never agree to take one. The best way to refuse is to ask the officer, “Am I required to take these tests?” The answer should be “no,” and if the officer gives any other answer, the jury may get the impression that the officer is deceptive. You also can ask the officer, “Are these tests 100% accurate?” Again, the answer should be “no.” At this point, tell the officer that you would like to speak to an attorney before deciding what to do.

Yes. Multiple factors may affect one’s ability to perform the field sobriety tests; in fact, the National Highway Traffic Safety Administration has admitted that even sober drivers can have difficulty performing the tests. Factors affecting performance of an FST include: nervousness, fatigue, illness, headlights from other traffic or strobe lights from police cars, wind or other adverse weather conditions, dust in the eyes, inner-ear disorders, age, weight, footwear, and general lack of coordination.

All DUI cases consist of two separate actions. The first matter is the criminal case, in which the government seeks to prove each element of the crime beyond a reasonable doubt to a judge or jury. Criminal charges carry punishments such as fines and/or jail time.

The second matter is a civil action against your driving privileges. This action is completely separate from the criminal charge. The Oklahoma Department of Public Safety (DPS) will hold an administrative hearing to determine whether the Oklahoma Board of Tests (BOT) rules were followed during your arrest. If police did not adhere to BOT rules while administering field sobriety or chemical blood alcohol tests, your driving privileges will be reinstated.

It is critical to note that the DPS administrative hearing must be requested within 30 days of the arrest; otherwise, your license will be automatically revoked 30 days after your arrest for a period of no less than 180 days.

A victim or a member of their household, if the individual is incompetent or a minor may seek a protective order for the following acts: domestic abuse, stalking, harassment, or rape pursuant to the Protection from Domestic Abuse Act. See OKLA. STAT. tit. 22 § 60.2

A petition for protective order may be filed in the county where the victim resides, the county where the defendant resides, or the county where the conduct leading to the petition being filed occurred.

In an emergency ex parte order is sought; the Court will hold a hearing on the same day without the respondent being present and will issue an emergency ex parte order, if the Court finds it necessary to protect the victim from immediate danger of domestic abuse, stalking, or harassment.

Yes, you may seek a protective order against the party seeking a protective order against you, if you qualify as a victim of domestic abuse, stalking, harassment, or rape and the petition is sought frivolously.

Generally, the Judge assigned to hear the protective order in your case will transfer the protective order to the judge hearing your custody, divorce, or other family law case. Additionally, if you have a protective order case pending in one county and a family law, divorce, or custody matter pending in another county, the court should transfer the action pursuant OKLA. STAT. tit. 22 § 60.3(D).

You have due process rights in a protective order proceeding similar to a criminal case. Your chosen family law attorney can assist you in deciding whether or not to testify or remain silent, you may call witnesses and present evidence, you may cross examine witnesses or the petitioner, and you may raises defenses to whether or not the petitioner is a victim or qualifies for one of the grounds for a protective order: domestic abuse, harassment, stalking, or rape.

Violation of a protective order is a criminal offense in Oklahoma. You should hire an experienced criminal defense attorney, if you have been accused, arrested, or charged with violation of a protective order. The punishment for a first time violation is a misdemeanor and carries up to a year in jail and up to a $1,000 fine. Second or subsequent allegations of violating a protective order are felonies and carry up to three years in prison.

Among other things the Court may transfer custody of minor children to the petitioner during the pending protective order. The judge may require you to forfeit possession of your firearms, and your employment may be affected.

Yes, you may file a motion for expungement of a victim protective order, if the order was dismissed prior to a full hearing, the other party failed to appear for the hearing and ninety days have passed, the plaintiff is deceased, or the most common, the order has been vacated and three (3) years have passed since the order was vacated, i.e. you may seek an expungement of a final protective order three (3) years after it was dismissed/vacated.

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We’ve built a respected reputation for providing sophisticated counsel in agricultural law, estate planning and family law matters. We take pride in assisting individuals and families with a personable, straight forward and responsive demeanor. We are accessible and reachable. Our strategies are tailored to your needs because we genuinely care about making a positive impact.

Over 15 Years of Experience

With over 15 years of experience working for Oklahoma families in Kiowa and Washita counties, we've resolved a wide range of family law matters and we are familiar with the local courts. We have also been called in by many families to fix legal issues that were improperly handled. By taking proper steps from the beginning, we can help you come up with the right solutions and allow you to begin preparing for your future as soon as possible.

Why hire us?

Our goal is to make sure that you and your assets receive the protection you deserve under the law. With our extensive experience in family law, we may be able to find solutions that you did not even know existed. From child support and child custody plans to domestic violence and prenuptial agreements, we will listen to your concern and help you find unique solutions.

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