Understanding Oklahoma's Parties to a Crime Hi, this is Wagoner attorney Stuart Ericson. Today we're going to talk about parties to a crime. Oklahoma law spells it out in Title 21, Section 171. They call it a classification of parties to crimes and there are two. There are principles and there are accessories. Principles in a Crime Here's how the law defines principles. So, … [Read more...] about What Are "Parties to a Crime" in Oklahoma?
Family Law
Staff
Audrey Howitt
Domestic Violence in Oklahoma Oklahoma has a number of statutes on the books that are meant to protect children from domestic violence. Sometimes, children witness domestic violence. Other times, they are the victims of domestic violence. Having a domestic violence conviction can make things dicey for a parent seeking custody or visitation with their child. Sometimes, a … [Read more...] about In Oklahoma, Does a Domestic Violence Conviction Make You an Unfit Parent?
Audrey Howitt
When to Block Visitation Suspecting that your child is being abused or neglected by your ex can be one of the most stressful things that a parent can face. During a divorce and for some time after, emotions are raw and tender. We need to know and believe that our children are safe with our ex during visitation. But if you begin to suspect that your child is actively being … [Read more...] about How Can I Block Visitation If I Suspect Child Abuse or Neglect?
Audrey Howitt
Child Support and Visitation: Separate Legal Issues Intertwined Emotionally You may find yourself in a situation in which you are paying child support but not allowed visitation. These two issues can seem like a single issue to the parent paying support. Emotionally, it is difficult to pay support for a child that you long to see but cannot. But legally, child support and … [Read more...] about What To Do When You Are Paying Child Support but Not Allowed Visitation
Audrey Howitt
Child Support is Not Gender Specific Just like there are times men must pay child support, there are times that women pay child support, as well. Child support payments are based not on gender but on relative income and how much time the parent spends with the child. The amount of time spent with the child is based on whether the parents have joint custody or whether one … [Read more...] about In Wagoner County, When Do Women Have to Pay Child Support?
Audrey Howitt
How does alimony work? Spousal support is not gender-specific. In the past, alimony was given exclusively to women, but that was because fewer women worked outside the home in the 1950s and 60s. Most women do work outside the home these days, and some women actually make more money than the men in their lives. In Oklahoma, spousal support or alimony is determined by the … [Read more...] about Can Wagoner County Courts Award Alimony to Men?
Audrey Howitt
Mediation and Trial Are Different If you are headed for child custody mediation, it is helpful to know the differences between trial and mediation. In a trial, the judge decides the issues before them based on the evidence presented and Oklahoma law. Mediation is different. A mediator is a neutral third party who works with both sides to reach a settlement on the issue. … [Read more...] about Scheduled for Child Custody Mediation in Wagoner County? Be Prepared
Audrey Howitt
Prepaying Child Support Seems Like a Good Idea You have cash now and worry about whether you will have it in the future, so you think it might be a good idea to prepay your child support. That way, it is done and you will be off the hook for a bit. You would think this was a good idea. But there are reasons not to prepay child support. Here are some things for you to think … [Read more...] about Can I Prepay My Wagoner County Child Support?
Audrey Howitt
Understanding the Relationship Between Support and Income In Oklahoma, child support guidelines top out at $15,000 a month in parental income for each parent. But that does not mean that child support is capped at that amount. If it were capped at $15,000, you could ostensibly have a situation in which one parent earned millions of dollars a year, while the other earned … [Read more...] about Why is There No Upper Limit to Wagoner County Child Support?
Audrey Howitt
Residency Requirements to File For Divorce Filing for divorce in Oklahoma requires filing a Petition for Divorce and Dissolution of Marriage. The person who actually files the divorce petition has some choices about when and where to file for divorce. That can be an advantage. Choosing jurisdiction means that you can often file where it is easiest for you. A family law … [Read more...] about Where Do I File My Divorce if I Live in Wagoner County?
Audrey Howitt
Legal Separation and Divorce Are Different We think of divorce as the only tool to disentangle a couple in turmoil. Divorce is the most commonly used tool, but it is not the only tool available. Sometimes, a legal separation suits the needs of the couple better than a divorce. Understanding what a legal separation is and what it does can help a couple decide which is better … [Read more...] about Understanding the Wagoner County Legal Separation Petition
Audrey Howitt
Legal Separation vs. Divorce Legal separations and divorces are different. They have different outcomes, although the processes for both are similar. A legal separation is sometimes called a separate maintenance action. Understanding what a legal separation is and how it functions can help you determine if it is right for you. A Petition for Divorce asks the court to … [Read more...] about What Is a Legal Separation In Wagoner County?
Audrey Howitt
When You Need a Qualified Domestic Relations Order You may have heard the term QDRO without really understanding what it stands for or what it means. QDRO is an acronym for Qualified Domestic Relations Order. QDROs are a tool used in divorce cases that involve retirement and pension plan division between divorcing spouses. If you and/or your spouse have a retirement account, … [Read more...] about What You Need to Know About Qualified Domestic Relations Orders
Audrey Howitt
Division of Property The division of property is one of the most contentious issues a couple must resolve in a divorce. Throughout a marriage of any real duration, a couple can amass a surprising amount of property. For the most part, that property belongs to the couple jointly. A divorce petition asks for several things, including for the court to divide property that … [Read more...] about How Do Wagoner County Courts Divide Property in a Divorce?
Audrey Howitt
Understanding Marital Property is Important in a Wagoner County Divorce If you are either contemplating or in the midst of a divorce, you may have heard the term “marital” property. This is a term that is used often in divorces, and it is important to understand what it means legally. Marital property is the term usually used to indicate property acquired by a couple during … [Read more...] about Wagoner County Divorce: What is Marital Property?
Audrey Howitt
What is marital property? Divorce is a time of huge upheaval in the lives of a family. Relationships end or change, living arrangements change, and a couple’s financial lives are disentangled. As part of that process, the couple must separate out marital property from separate property and divide all marital assets and liabilities. How property is characterized at the time … [Read more...] about Wagoner County Divorce: What is Separate Property?
Audrey Howitt
When You Can't Wait to Get Divorced Many people who are contemplating divorce in Oklahoma want to know how long the divorce will take. Many want the process to be as rapid as possible. Every marriage is unique. Some couples are able to resolve their issues quickly, even in the midst of a heartbreaking ending to their marriage. Others may have a more difficult time resolving … [Read more...] about How Long Do We Have to Wait to Get Divorced in Wagoner County?
Audrey Howitt
Oklahoma is Now a No-Fault Divorce State Oklahoma has followed the trend that most states have taken in instituting a no-fault system for divorces within the state. Before, all divorces had to allege and prove a recognized legal fault as the grounds for divorce. This meant that spouses seeking divorce had to allege that the other spouse had done something wrong. Making … [Read more...] about Wagoner County Family Law: What Are the Grounds for Divorce?
Audrey Howitt
Change of Venue Allows You to Transfer a Family Law Case Sometimes, the venue chosen for your divorce may prove inconvenient. Either spouse can choose the court and county for a divorce proceeding. Sometimes what is convenient for one spouse is inconvenient for the other. Oklahoma law provides a remedy for that. In some cases, it is possible to transfer a family law case to or … [Read more...] about How Can I Transfer a Family Law Case To or From Wagoner County?
Audrey Howitt
Understand What Public Record Means Family law cases in Oklahoma are considered civil matters. While criminal cases enjoy a certain degree of privacy protection in sensitive matters, very few family law cases are sealed. Most family law cases are a matter of public record. That means the public can access most anything that is filed in a family law case. It also means that … [Read more...] about When Are Wagoner County Family Law Cases Public Record?
Audrey Howitt
Understanding the Law is Important You are at the end of your divorce. If you are involved in another relationship, the question of when you can remarry after your divorce is an important one. Knowing the answer can save you a lot of grief later. Like all states, Oklahoma has laws governing not only divorce but also the waiting period to remarry after a divorce. Oklahoma Law … [Read more...] about What Is the Waiting Period to Remarry After a Wagoner County Divorce?
Audrey Howitt
Visitation Rights for the Father Visitation between the father of your child and your child can be a thorny issue when the relationship between the parents goes awry. The question of whether you have to let the dad see the child depends in large part on your particular circumstances. Generally, the answer lies in whether the father has enforceable rights. This depends on … [Read more...] about Wagoner County Family Law: Do I Have to Let the Dad See the Child?
Audrey Howitt
Child Custody After a Divorce Divorce is a time of great upheaval. Family life changes. Finances change. The location of the family home can change. During the process, issues of child custody, visitation, and child support must be decided. Sometimes, a parent wants to protect their child by getting full custody. Custody can be full or joint. In joint custody cases, both … [Read more...] about In Wagoner County, How Can I Get Full Custody of My Child?
Audrey Howitt
Online Databases Can Help Like many things these days, many courts have records available online. While not all records are available, many family law court records can be found online. You just need to know where to look. For older Wagoner family law cases or cases from smaller counties, you may either need to go to the county or have someone get those records for you. In … [Read more...] about How to Look Up Wagoner Family Law Cases
Audrey Howitt
Losing custody of your child can be one of the most gut-wrenching experiences of a parent’s life. Sometimes, a parent loses custody because they are in the military in active service. Other times, a parent can lose custody because of a drug or alcohol problem. Sometimes, a parent moves away, and the court decides it is in the child’s best interests to remain with the other … [Read more...] about How To Win Back Child Custody In Wagoner County