How Does a Writ of Habeas Corpus work in Child Custody?

A Writ of Habeas Corpus, often associated with criminal law, is also a valuable legal tool in child custody cases. It is particularly effective in situations where a parent unlawfully retains custody of a child. In family law, a writ of habeas corpus can enforce custody orders, address disputes, or secure the return of a wrongfully withheld child. What is a Writ of Habeas Corpus? A writ of habeas corpus is Latin for “you shall have the body.” It refers to a court order requiring a person… Read More

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How Does Divorce Impact Finances And How Does The Court Decide On Support Issues in Oklahoma

Divorce significantly impacts the finances of both parties involved. In Oklahoma, the division of assets, alimony, child support, and other financial considerations are all guided by state laws. Understanding how these factors play a role in divorce can help individuals prepare for the financial changes that come with one. Division of Assets Oklahoma is an equitable distribution state, meaning that the court divides marital property fairly, but not necessarily equally, between the spouses. The court considers several factors to determine a fair distribution, including: Both parties must… Read More

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In Oklahoma Can I Keep a Car in Divorce if it’s Only in my Ex’s Name?

Whether or not you can keep a car in a divorce if it’s only in your ex-spouse’s name is a common question in divorce proceedings. Divorce often involves complex decisions about dividing property and assets, including vehicles. The answer depends on several factors, including Oklahoma law and the car’s classification as either marital or separate property. Understanding Marital vs. Separate Property Oklahoma is an equitable distribution state, meaning courts divide marital property in a way that is fair, though not necessarily equal. To determine whether you can… Read More

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What is a Temporary Financial Declaration in a Tulsa Divorce Proceeding?

In an Oklahoma family law proceeding A Temporary Financial Declaration (TFD) ensures that both parties disclose their financial situation accurately and transparently during a divorce. This document helps the court make informed decisions about temporary support and other financial matters while the divorce is pending. Purpose of a Temporary Financial Declaration The primary purpose of a TFD is to provide a clear and detailed account of each party’s financial status during the early stages of a divorce. This includes income, expenses, assets, debts, and other financial obligations…. Read More

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How Do I Handle The Home Mortgage After Divorce in Oklahoma

Understanding how to handle a mortgage after a divorce can be confusing. Divorce often brings significant financial challenges, particularly when it comes to handling joint debts like a home mortgage. In Oklahoma, there are several ways to address the issue of a shared mortgage during and after a divorce. Understanding your options and the legal implications can help you make informed decisions and protect your financial future. Assessing the Situation First and foremost, you and your spouse need to assess the situation regarding your home and mortgage…. Read More

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How Do I Keep My Pets in a Divorce?

Pets in a divorce is important to many people going through this process. For many couples, pets are part of the family, and deciding who keeps them can be a deeply emotional issue. While owners often treat pets as family, the law generally considers them to be personal property. Although this may seem outlandish, it can make dividing them up more simple in comparison to children. Understanding how pet ownership is handled in an Oklahoma divorce can help you navigate this difficult situation. Pets as Property in… Read More

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What If My Spouse Doesn’t Follow An Agreed Mediation Order in Tulsa

Issues can arise if one spouse does not follow an agreed mediation order. Mediation is a common method to resolve disputes amicably during divorce or custody proceedings. When both parties reach an agreement through mediation, it is typically formalized into a mediation order by the court. Understanding your legal options and the steps you can take to enforce the agreement is crucial. Importance of the Mediation Order First and foremost, a mediation order is a legally binding document once it is approved by the court. This means… Read More

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Do I Have to Return Gifts I Received During the Marriage After a Divorce?

During a divorce, many have questions about returning gifts received during marriage. Divorce can be a complex and emotional process, often involving difficult decisions about the division of property, assets, and debts. Understanding how Oklahoma law treats gifts in the context of divorce can help clarify this issue. Understanding Marital vs. Separate Property Oklahoma follows the principle of “equitable distribution” when it comes to dividing property during a divorce. This means that the court seeks to divide marital property in a way that is fair, but not… Read More

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Can Your Spouse Force You To Stay Married To Them in Oklahoma

In Oklahoma, as in all states, your spouse can’t force you to stay married against your will. Oklahoma law supports the right of individuals to seek a divorce if they no longer wish to remain married. If one spouse decides that they want to end the marriage, the other spouse cannot legally prevent them from doing so. Oklahoma is a no-fault divorce state, meaning that either spouse can file for divorce without needing to prove wrongdoing by the other party. Filing for Divorce To initiate the divorce… Read More

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Relocation Laws in Oklahoma: Is Moving a Child Without Consent Legal

Moving a Child Without Consent in Oklahoma is a risky move to make. This is because if their is a court order for custody in place it usually comes with a relocation prohibition. On the other hand if there is are no orders in place than there is no prohibition against relocation and you might be able to move without consent. As you can see relocation is a complex issue in child custody cases, especially when one parent wants to move with the child without the consent… Read More

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