Tulsa Attorney Blog
What Is a Legal Separation Under Oklahoma Family Law?
What is a legal separation under Oklahoma law? Tulsa attorney James Wirth has that answer. Essentially, that is where you're going to a family law court and you're requesting the same types of things you'd request in a divorce, but you are saying, "I don't want the marriage dissolved. I would like to continue being married, but I still want orders in place to protect myself." Read more »What is a Qualified Domestic Relations Order in an Oklahoma Divorce?
Family Law attorney, James Wirth, explains what QDRO is and how it works in Oklahoma family law. Read more »How is Property Divided in an Oklahoma Divorce?
The standard for separating marital property is what is equitable, what is considered fair. Well, any questions about property divisions and your specific circumstances, you're going to want to talk to an attorney about that subject. Read more »How Is a Medical Marijuana Related Bankruptcy Different From Other Bankruptcies?
Because marijuana is federally illegal, as is the cultivation of same, you are incredibly limited in what you can do. Although It doesn't mean you can't do an Oklahoma bankruptcy, but it can't be based on your marijuana business. Read more »What is Marital Property in an Oklahoma Divorce?
If you're married, everything's a marital asset, unless you can prove it's a separate asset. It comes down to, the definition of separate? To be separate, it needs to be something that you owned prior to the marriage, something that was gifted to you solely, or something that was inherited during the marriage. Read more »What is Separate Property in an Oklahoma Divorce?
Separate property is property that you own that is not marital property. According to Tulsa Divorce Attorney James Wirth, anything that isn't marital, and it is yours, not your spouse's, it is considered separate property. Read more »Can I Get a Name Change in My Oklahoma Divorce?
You can do a name change in an Oklahoma divorce, although there are some limitations. First, you had to have changed your name as part of the marriage. Because whether you are the wife or the husband, you can go back not only to your prior name directly prior to the marriage, but you can also go back to another previous name, so long as you changed your name at the time you got married. Read more »What Is the Waiting Period to Get Divorced if There Are No Children Involved?
Make sure you have your documents together for your petition and when you file that petition with the court. If there are no minor children, it's just 10 days that is when that timeframe starts. Read more »What Are the Grounds for Divorce in Oklahoma?
Tulsa family attorney James Wirth, answers "What are the various grounds for divorce in Oklahoma?" He explains how Oklahoma is like most States now, a no-fault divorce state, meaning that you don't have to allege any fault to file for divorce. In addition, he mentions all of the reasons you could file for divorce in Oklahoma. Read more »Do I Qualify for a Chapter 13 in Oklahoma?
Oklahoma Chapter 13, who is it for? This is for an individual. A business generally is not going to be able to do a Chapter 13, pretty much always. Read more »How Do You Transfer a Family Law Case to Another County in Oklahoma?
If a Case Is Not Filed in the Appropriate County Based on Where You've Got Jurisdiction and Proper Venue, Then You'd File a Motion to Dismiss, Once That's Granted, You Could File in Another Count. Read more »How Do You Look Up Family Law Cases in Oklahoma?
Well, in Oklahoma, it's actually not too difficult. And Oklahoma was one of the first, if not the first, states to have a comprehensive online docket sheets. So if you're looking for your case, historically, we've had a bifurcated method. We've had two different databases for those. We've had OSCN.net, the Oklahoma Supreme Court Network, that handled the bigger counties, Tulsa County, Oklahoma County, some of the other counties, but maybe 10, 15, 20 of the counties. And then the remainder of the counties, the smaller counties, were on ODCR.com. And those are still both active, but OSCN is now more comprehensive and it has those other counties as well. So you can go to OSCN.net, you can put in some search information for the county, the parties names, the case names, and you can bring up those docket sheets. And for more recent filings, you can actually download those filings. Read more »Are Oklahoma Family Law Cases Public Record?
Are Oklahoma family law cases public record? I'm Tulsa attorney, James Wirth, and I'm answering frequently asked questions. And that's the question I've got here is are Oklahoma family law cases, Oklahoma divorce, Oklahoma guardianships, Oklahoma protective orders, Oklahoma custody, Oklahoma paternity, all of those things, are they public record? And the answer is for the most part, yes. Adoptions sealed, not public. Guardianship, sealed, not public. Deprived child action, sealed, not public. Read more »What Is a Chapter 13 Bankruptcy?
I, as your Bankruptcy attorney come up with you for a plan that pays at least the disposable income, meaning what you have left over, you can't pay less than that, for either the five years or as long as it takes to pay off the debt that you have to pay in the bankruptcy. For example, if the cutoff for a seven was 40,000 for one person, and you make 50,000, then you've got 10,000 leftover. Take 10,000 divided by 60, whatever that is. Well, let's say you make 10,000 over, so then you're looking at $100 a month payment. You can do the math on that. Whatever disposable income that you have leftover, divide that up and spread that out per month for the 60 months. Of course, you don't pay more than what you owe. But that in a nutshell is a Chapter 13. Read more »Can You Discharge Child Support in a Bankruptcy?
What do you need to know about child support as a debt in your bankruptcy? Edward Kelley here, bankruptcy attorney for Wirth Law. And I'm going to answer that question and this one's a pretty easy one. You can't discharge it. Read more »Where Can I Ask a Legal Question for Free?
At Wirth Law Office we have people answering the phones, helping people out with more general questions all the time for free. Read more »Do I Qualify for a Chapter 11 in Oklahoma?
Do I qualify for a Chapter 11 bankruptcy in the state of Oklahoma? I'm Edward Kelly, Tulsa bankruptcy attorney for Wirth Law, and I'm going to try to answer that question. So who does qualify? Well, Oklahoma Chapter 11 is aimed at a business. It's been made much easier with the addition of the Small Business Reorganization Act in 2019. So if you know anything about 11s prior to watching this video and you've been put off at their complexity or expense, know that a small business now has tailor made statutes to help out a loan. Read more »What is the Waiting Period for a Divorce with Children in Oklahoma?
How long must we wait to get divorced if there's minor children involved in the marriage? Oklahoma does have timeframes that you must wait. If there's no minor children, it's only 10 days. But if there are kids involved, then it is a 90-day waiting period. And that 90 days begins when the petition is filed with the court. Read more »Wirth Law Delivers KO for Client
UFC Legend, Randy Couture, gives shoutout to Wirth Law Office after Wirth Law was able to help their client succeed in court. Read more »How Do I Get Full Custody of My Child in Oklahoma?
How do I get full custody? Well, you got to ask for it. You got to file for it and then you got to go to court and either get agreement, or get a judge to decide that that's what's in the best interest of the child, but it depends a little bit on where you start off. So if you are married, then you and your spouse ha defacto kind of have joint custody. You don't have any legal document. You don't have any legal determination, but neither one of you has superior rights to the other. So if you want those superior rights, you need to file with the court. And if you file the divorce action requested for custody, or if you don't want a divorce, you can file a legal separation requesting for custody. Read more »What Is a Chapter 7 Bankruptcy?
Chapter Seven, by far the one you want to do if you can, that's a liquidation. What that means is all your debts go away and all your assets get taken, at least up to the value of what you owe. They don't take more than what you owe. Read more »Do I Qualify for a Chapter 7 in Oklahoma?
Do I qualify for a Chapter 7 bankruptcy in state of Oklahoma? I'm Edward Kelley, bankruptcy attorney at Wirth Law where we make law easy, makelaweasy.com. And I'm going to answer that question, how you can tell if you qualify for a 7? There's Two Main Factors, Your Income and Your Assets. Read more »Do I Have to let the Father See My Child (Oklahoma Law)?
In Oklahoma do I have to allow the father to see my child, or our child? And that answer to that depends. What are the circumstances? If there is a court order in place, then you've got to file that court order unless you believe doing so would put the child in eminent danger of irreparable harm, in which case you need to file an emergency to get that changed. You've got a duty to protect the child, but you also have a duty to follow a court order. Read more »How Long Do You Have to Wait to Get Remarried in Oklahoma?
Under Oklahoma law, you have to wait at least six months to remarry after your Oklahoma divorce decree is finalized. So what the law says is if you get married within that six month period, so six months has not passed yet, then there's two issues. One, the new marriage is going to be voidable. The party could file, or you could file to have it annulled because it is a voidable marriage. Now that issue cures itself, if you continue to act as though you're in the marriage and reside together, once that six month waiting period has passed, then that voidable marriage becomes a legit marriage after that six months. Read more »How Long Can Family Court Take in Oklahoma?
How long does it take to complete a case, because it can vary widely. So let's talk about a case where we've got an agreed divorce. You guys have an agreement regarding custody, visitation, child support, asset, debt division, everything. You can get together with an attorney or with a drafting service and get paperwork drafted up. You file it with the court. There's a 10 day waiting period and then after... Oh, I'm sorry, if there's kids, there's a 90 day waiting period. So it's a minimum of at least 90 days to get that case completed if there's an agreement. So you get it filed, the petition, that starts the 90 day waiting period. Read more »
