Oklahoma Divorce Legal Questions

Not likely, as you would still end up divorced. You MAY have a claim for no notice/ no due process, if there are substantial assets or rights you were denied, based on the lack of notice (other than just the fact you were divorced). You would have to file either a Motion to Vacate Judgment or a Petition to Vacate Judgment depending on how long the judgment has been in place. You could end up spending lots of money to get to the same place, since you are no longer in the state.... Read More

If a couple are married (or divorced within 10 months) at the time of conception, then there is a rebuttable presumption the child is of the marriage. If there has not been a divorce to rebut the presumption, then the child may be considered the husband's. Without knowing what your spouse did after she left, it is difficult to discern whether the child is considered yours or not. You say ex-spouse, but did you actually divorce? You can always file for divorce. There are ways of finding out where she is, but you or your attorney may have to hire a private detective if she cannot be found through less expensive means. Because your case has these complications, and you have waited so long to get a divorce, you will likely need to hire an attorney for the divorce/paternity action.... Read More

Generally, one can voluntarily dismiss his/her case at any time, particularly if the other party has not yet been given notice or has not answered the petition. If the other party has answered the petition, you would need to go before the judge to dismiss the case. Also, if the other party answered with a counter-suit for divorce, you may not be able to dismiss your case. So, it depends on how far along the process is, whether you can just dismiss your case, dismiss it with permission from the judge, or not be able to dismiss the case entirely.... Read More

Generally, an ex-spouse may be able to receive some disability/retirement benefits under a former spouse's record, if you are disabled or retired, and meet all the other criteria (such as being married to the former spouse 10 or more years, etc.). You will likely not be able to obtain money from the other spouse to just make up for past child support, unless you fit the very limited circumstances. If you have a judgment for past due child support, you may wish to advise SSA of the claim, as they will be able to tell you, under your particular facts, whether you can or not.... Read More

If you and your spouse were properly married (barring any legal impediment to marry, such as being too closely related to each other, or married to another person at that same time, etc.), then you are still married. Deportation does not divorce you. To be legally married to another, then you will have to get divorced.... Read More

This is a very complicated issue, probably not a yes or no answer; nor a who is completely right or wrong. Look to the IRS manual, Part 4, Chapter 72, "Employee Plans Technical Guidelines" for guidance. You can find it on the IRS website. If you all cannot reach an agreement, this issue will likely have to be determined by the judge and no one ends up satisfied. Other issues are the yearly filing status: how were taxes filed? Could be issue of erroneous tax filing, etc.... Read More

Whether you are referring to an automatic temporary injunction or agreed/contested temporary orders, income is still income. If you have counsel, this, and all questions pertaining to your divorce, should be directed to your counsel. You do yourself and counsel and your case a disservice by trying to bring in information from multiple directions, especially if some of those directions have no knowledge of the specifics of your case.... Read More

On the one hand, you had a valid order to pay support that you did nothing to modify. On the other hand, there are equitable considerations based on your agreement and the fact the child lived with you, which apparently also ignored the custody portion of the court's order. You need counsel, now, to proceed in your effort to quash the garnishment order, if indeed you can prevail.... Read More