Oklahoma City Lawyer Blog
Alimony Termination Explained: Cohabitation Rules & Tips
In this blog post, Dillan Savage of Wirth Law Office – Oklahoma City, explores the process of terminating alimony payments. Specifically, he focuses on situations where the recipient is cohabitating with a member of the opposite sex or a new significant other. According to Title 43, Section 134, Subsection c, such changes in the recipient's living situation may warrant a motion to terminate alimony. Dillan explains that if the recipient's financial circumstances improve due to cohabitation, the original need for alimony may no longer exist. For more insights, visit TheOklahomaCityAttorney.com. Let’s dive into the details! Read more »
Key Factors for Ending Alimony: Death & Remarriage Explained
In this insightful post, Dillan Savage of Wirth Law Office discusses the termination of alimony in Oklahoma City, focusing on two key circumstances: the death or remarriage of the recipient. When a recipient passes away, the payer can motion the court to end alimony payments, especially if the divorce decree includes specific language for such situations. Conversely, if the recipient remarries, they must demonstrate any ongoing financial need to continue receiving alimony, which can be challenging given the likely increase in their financial situation. For further details, refer to Title 43, Section 134, Subsection B. Discover more at theoklahomacityattorney.com. Read more »
Decoding Alimony: Key Insights for Final Decrees Explained
In this insightful video, Dillan Savage from Wirth Law Office - Oklahoma City dives into the intricacies of alimony as outlined in a final decree. Understanding that alimony is assessed based on two key factors—whether one party can pay and the other party's need for support—Dillan emphasizes the necessity for specificity. Courts require precise timelines and dollar amounts for alimony payments, leaving no room for vague language. Moreover, he discusses how alimony may be considered in the context of property division, underscoring the importance of detailed documentation. For more information, visit TheOklahomaCityAttorney.com. Read more »
Can You Reverse Your Divorce? Steps to Nullify Decree!
In today's discussion, Dillan Savage of Wirth Law Office explores a fascinating legal question: Can you nullify your divorce decree after the fact? If you and your ex-spouse believe your divorce was a mistake and wish to reconcile, it is indeed possible to have your divorce decree set aside. Both parties must petition the same court that granted the original decree, providing proof that neither has remarried since the divorce. While this scenario is uncommon, it is supported by Oklahoma law under Title 43, Section 133. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Who Can Testify in Divorce & Paternity Cases Explained
In today’s blog post, Dillan Savage of Wirth Law Office - Oklahoma City, explores who can testify during divorce and paternity proceedings. Many clients come prepared with a list of potential witnesses, which is perfectly acceptable. However, what often surprises them is that they, too, can take the stand. Under Oklahoma law (Title 43, Section 132), individuals involved in a case have the right to testify about their experiences. Dillan emphasizes that while your attorney will guide you through the process, your firsthand account is invaluable. For more insights, visit theoklahomacityattorney.com. Read more »
Divorce Residency Rules in Oklahoma: What You Need to Know
In today's discussion, Dillan Savage of Wirth Law Office - Oklahoma City explores a common question: Can an Oklahoma resident file for divorce if their spouse lives out of state? According to Title 43, Section 131, as long as you meet the residency requirements—living in Oklahoma for at least six months and in your county for 30 days—you can file for divorce in Oklahoma, regardless of your spouse's location. However, if children are involved, their residency must also be considered. Dive into the details and learn your rights as a resident of Oklahoma when it comes to divorce. Read more »
Changing Your Child's Last Name in Paternity Cases Explained
In today's blog post, Dillan Savage of Wirth Law Office in Oklahoma City discusses an important aspect of paternity lawsuits: changing your child's last name. If you have been adjudicated as the father of a minor child, Oklahoma law allows you to petition the court for a name change under Title 10, Section 90.4. This process requires serving notice to the other party, and if no objections are raised, you may proceed with the change. However, if there is an objection, a hearing will be necessary to demonstrate that the change serves the child's best interests. For more insights, visit theoklahomacityattorney.com. Read more »
Bigamy: What It Is and the Punishments You Could Face
In this informative post, Dillan Savage of Wirth Law Office explores the legal implications of bigamy in Oklahoma. Bigamy, defined as marrying two individuals simultaneously, can lead to serious consequences if convicted. Often arising from a hasty remarriage post-divorce, individuals may unknowingly violate Oklahoma's six-month waiting period. If charged and found guilty, bigamy is classified as a felony, punishable by one to three years in state prison. Dillan emphasizes the importance of adhering to legal waiting periods to avoid these severe penalties. For further insights, visit theoklahomacityattorney.com. Stay informed and protect yourself from unintentional legal troubles! Read more »
When Can You Remarry After Divorce? Here’s What to Know
In Oklahoma, there's a six-month waiting period after your divorce before you can remarry someone new. However, if you choose to remarry your ex-spouse, this restriction doesn’t apply. It's important to note that during this six-month period, cohabitating with a new partner with the intent to marry can lead to legal issues, including potential felony charges for bigamy or adultery. Additionally, if there's an appeal on your divorce decree, you must wait until 30 days after a final decision before considering remarriage or cohabitation. For more insights, visit TheOklahomaCityAttorney.com. My name is Dillan Savage from Wirth Law Office. Read more »
Enforcing Unilateral Divorces: Legal Insights Explained
In this insightful discussion, Dillan Savage, an attorney from Wirth Law Office, delves into the implications of a one-sided divorce in Oklahoma. If one party fails to respond to divorce documents, they can be found in default, allowing the filing party to receive a divorce decree without their presence. This legal process is outlined in Title 43, Section 122, which establishes that such a divorce acts as a binding contract for both parties, barring any claims to property. Dillan emphasizes the importance of responding to divorce proceedings, either independently or with legal representation, to protect one’s rights. Read more »
Restoring Your Maiden Name Post-Divorce: The Legal Process
Welcome to my blog! I’m Dillan Savage from Wirth Law Office, focusing on Oklahoma City. Today, we explore the process of restoring your maiden name or former name during divorce, as outlined in Oklahoma's Title 43, Section 121. This law allows both men and women to reclaim their names through divorce proceedings. To ensure a smooth transition, your final decree must clearly state both your married name and the name you wish to restore. After securing certified copies of the decree, you'll need to update your records with agencies like the DMV and IRS. Don’t overlook this simple yet crucial step! Read more »
Who’s Ineligible for Marriage in Oklahoma? Know the Law!
Welcome to the Wirth Law Office blog! I’m Dillan Savage, your trusted legal resource in Oklahoma City. Today, we're diving into Title 43, Section 2 of Oklahoma law, which outlines prohibitions on marriage based on consanguinity. This statute clearly states that individuals related by blood—like ancestors and descendants—cannot marry. Additionally, it prohibits marriages between stepparents and stepchildren, as well as between aunts and nephews or uncles and nieces. Interestingly, while first cousins cannot marry in Oklahoma, if they wed in another state where it’s legal, Oklahoma will recognize that marriage. Stay informed and empowered with our legal insights! Read more »
Unlawful Marriages: What Are the Legal Penalties?
In this insightful discussion, Dillan Savage of Wirth Law Office explores the serious legal repercussions of performing marriages for individuals who are prohibited from marrying in Oklahoma. If you are a licensed officiant, knowingly conducting such a marriage can lead to felony charges, with potential penalties ranging from one to five years in prison and fines up to $500. Dillan highlights the importance of understanding the state's marriage laws, particularly Title 43, Section 14, which details these consequences. Stay informed and protect yourself by watching the full video and visiting theoklahomacityattorney.com for more information. Read more »
Mastering Child Support: Key Steps to Request Financial Info
In this informative excerpt, Dillan Savage of Wirth Law Office discusses the essential steps for requesting wage and tax information in custody cases post-divorce or paternity decree. If you're owed child support and need financial details from the other party, you can request their W-2s, 1099s, and more after April 15th each year. Dillan emphasizes the importance of proper legal procedures, including filing a formal request and serving it to the other party. Failure to comply can lead to court actions and possible attorney's fees. For more insights and legal guidance, visit theoklahomacityattorney.com. Read more »
Health Insurance Orders in Custody Cases: Employer Responsibilities Explained
In today’s discussion, I’m Dillan Savage from Wirth Law Office, focusing on employer obligations regarding health insurance for minor children in Oklahoma. If you’ve been ordered by a court to provide health coverage and have access to employer-sponsored plans, your employer must allow you to enroll your child immediately, despite typical enrollment periods. This requirement is outlined in Title 43, Section 118.2. Your employer cannot disenroll your child unless specific conditions are met. Understanding these rights can ensure your child receives the necessary health care. For more insights, visit theoklahomacityattorney.com. Thank you for reading! Read more »
Child Support Review and Modification: What You Need To Know
In this insightful post, Dillan Savage from Wirth Law Office discusses the powers of child support services in Oklahoma City and their ability to modify existing child support computations. If you’re receiving state assistance like SoonerCare and child support is involved in your case—whether from a divorce or paternity—know that child support services regularly review these computations. Dillan explains the process when a modification is deemed necessary, including the transition to the Office of Administrative Hearings. Stay informed about your rights and options regarding child support adjustments. For more information, visit theoklahomacityattorney.com. Read more »
The Truth About Military Deployments and Custody Changes
In this post, Dillan Savage of Wirth Law Office discusses a crucial topic for military families: the impact of deployment on custody agreements. Many service members wonder if their deployment constitutes a permanent and substantial change that could affect their custody arrangements. The answer is no. Safeguards like the Service Members Civil Relief Act and Oklahoma's Title 43, Section 112.7 protect service members from adverse changes while serving. This ensures that deployment cannot be used as a basis for modifying custody orders, preventing unfair disadvantages. For more insights, visit TheOklahomaCityAttorney.com. Thank you for joining us! Read more »
Understanding Attorney Fees in Domestic Violence Cases
In this blog post, Dillan Savage of Wirth Law Office addresses a crucial question: Can victims of stalking or domestic violence receive attorney's fees during custody disputes? If you've filed a petition and are facing such situations, you can request interim attorney's fees throughout your case. The key is demonstrating, by a preponderance of the evidence, that stalking or domestic abuse occurred, which may support your application for attorney's fees. If you can establish this, the court is likely to grant you reasonable fees. For more insights and detailed guidance, visit theoklahomacityattorney.com. Read more »
Parental Options For Protection Of Children In Custody Matters
In this insightful post, Dylan Savage of Worth Law Office discusses crucial steps for parents who suspect their child is in danger due to the other parent's actions. Under Oklahoma law, specifically Title 43, Section 111.4, parents have the right to act if they believe their child is experiencing abuse, neglect, or exposure to harmful substances. Dylan outlines options such as contacting law enforcement or Child Protective Services, and emphasizes the importance of obtaining a court order to suspend visitation if necessary. This post serves as a vital resource for parents seeking to protect their children's well-being. Read more »
Oklahoma Guardianship: Understanding the State's Custody Preference List
In this insightful discussion, Dillan Savage of Wirth Law Office in Oklahoma City outlines the court's preferences regarding custody and guardianship of minor children. Initially, the courts favor biological parents or joint custody arrangements. If parents are unable to fulfill this role, grandparents are next in line as preferred guardians. Should grandparents be unavailable, the court will consider individuals designated by the parents, followed by relatives willing to step in. The focus then shifts to those who have provided a safe, nurturing environment, such as foster parents or family friends. Finally, any suitable individual who can meet the children's needs may be considered. For more on guardianship and custody, visit TheOklahomaCityAttorney.com. Read more »
Oklahoma's Relocation Statute: What Custodial Parents Need to Know
In this informative post, Dillan Savage of Wirth Law Office in Oklahoma City discusses the crucial relocation statute found in Title 43, Section 112.3. This statute mandates that parents notify each other when intending to move their permanent residence 75 miles or more, ensuring both custodial and non-custodial parents understand their obligations. Dillan outlines the steps to take, including sending a certified mail notice to the other party at least 60 days prior to the move, and emphasizes the importance of including key details such as the new address and any proposed changes to the custody schedule. For more insights, visit theoklahomacityattorney.com. Read more »
Custodial Parent Relocation: Legal Rights and Considerations
In today's discussion, Dillan Savage from Wirth Law Office explores the rights of custodial parents regarding relocating with their minor children in Oklahoma City. Under Title 43, Section 112.2a, custodial parents can generally move their child's residence; however, courts may intervene if the move is deemed detrimental to the child's welfare. If there is another party with custodial or visitation rights, the relocation statute in Title 43, Section 112.3 requires parents to notify them of any moves 75 miles or more. Understanding these laws is crucial for custodial parents contemplating relocation. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Strategies for Protecting Your Children in Custody Disputes
In this informative post, Dillan Savage from Wirth Law Office in Oklahoma City addresses critical steps for parents concerned about their child's safety in the care of another parent. Oklahoma law, specifically Title 43, Section 111.4, allows parents to take action if they reasonably suspect their child is being harmed or neglected. Options include contacting law enforcement for welfare checks, involving Child Protective Services, or potentially withholding visitation rights. Dillan emphasizes the importance of gathering evidence and obtaining a court order to support any decisions made. For more details and guidance, visit TheOklahomaCityAttorney.com. Read more »
Understanding the Custodial Parent's Duty to Facilitate Visitation
In today's discussion, Dillan Savage from Wirth Law Office in Oklahoma City addresses the critical responsibility of custodial parents to facilitate visitation with non-custodial parents, as outlined in Title 43 Section 111.3 of Oklahoma's statutory law. This statute emphasizes the importance of adhering to court-ordered visitation rights. If the custodial parent fails to comply, the non-custodial parent can file a Motion to Enforce Visitation. Dillan also touches on emergency custody filings in cases where a child's safety is at risk. For detailed insights and guidance on navigating these legal matters, visit TheOklahomaCityAttorney.com. Read more »
Protecting Your Custody Rights: Civil Actions for Child Stealing
In this informative video, Dillan Savage from Wirth Law Office discusses the legal options available in Oklahoma if a third party interferes with your custodial rights. Under Title 43, Section 111.2, you can pursue a civil action for child stealing, allowing you to seek damages for the loss of time with your child, as well as reimbursement for expenses incurred while trying to locate them. Dillan emphasizes that beyond criminal ramifications, you can recover attorney's fees and compensatory damages. If you're facing such a situation, this video offers valuable insights. For more information, visit TheOklahomaCityAttorney.com. Read more »
Standard Visitation in Oklahoma: Rights and Responsibilities
Hello, I’m Dylan Savage from Ortho Office in Oklahoma City. In today’s discussion, we’ll explore standard visitation for non-custodial parents. Generally, this involves a regular custody schedule, typically featuring every other weekend access to your child. Depending on your county, this could mean Thursday to Monday or Friday to Monday arrangements, sometimes with an extra day during your off week. It’s crucial to understand that standard visitation can vary significantly across counties in Oklahoma, as there’s no universal schedule. For detailed guidance, it’s important to check your specific county’s regulations. Visit theoklahomacityattorney.com for more information. Thank you for tuning in! Read more »
Indirect Contempt of Court: What to Know About Divorce Property Distribution Orders
In today's blog post, Dylan Savage of Worth Law Office discusses the implications of indirect contempt in divorce proceedings, particularly regarding property division. When a court issues an order to divide assets, failure to comply can lead to serious consequences. Willfully disobeying a court order may result in being found guilty of indirect contempt, which could carry penalties of up to six months in jail and fines up to $500. However, if a party is unable to comply due to circumstances beyond their control, they may have a valid defense. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Custody Battles and Bodily Fluid Testing: Legal Insights
In custody matters, the court has the authority to require parties to submit to blood, urine, or saliva tests. According to Title 43, Section 110.2, this can include both parents and children, ensuring that any potential substance abuse issues are identified for the child’s welfare. The rationale is straightforward: the court aims to protect the best interests of the child by assessing any risks posed by drugs or alcohol. If a party refuses to comply, the court can enforce the testing. For more insights on custody laws, visit oklahomacityattorney.com. Thank you for tuning in! Read more »
A Beginner’s Guide to Supervised Visitation in Oklahoma
In this blog post, Dillan Savage of Wirth Law Office - Oklahoma City, delves into the concept of supervised visitation as defined by Oklahoma law under Title 43, Section 110.1a. Supervised visitation allows non-custodial parents to engage with their children in the presence of a designated third party, ensuring safety and oversight during their interactions. Dillan explains the criteria for selecting supervisors, which can include family members or specialized facilities in the Oklahoma City area. He also discusses the reasons courts might mandate supervised visitation, emphasizing the importance of maintaining parent-child relationships while addressing safety concerns. For more insights, visit TheOklahomaCityAttorney.com. Read more »
How Shared Parenting Works During and After Divorce in Oklahoma
In this blog post, Dylan Savage from Worth Law Office delves into the importance of shared parenting in Oklahoma, particularly during and after separation or divorce. The Oklahoma court system prioritizes the best interests of minor children, advocating for substantial relationships with both parents. Joint custody and equal parenting time are commonly emphasized, ensuring that children maintain meaningful connections with both parents. This approach is grounded in Title 43, Section 110.1, the shared parenting policy, which underscores the courts' commitment to fostering strong parent-child relationships. For more insights, visit TheOklahomaCityAttorney.com. Thank you for reading! Read more »
