QUESTION

would this be considered bad faith?

Asked on Dec 30th, 2025 on Divorce - Oklahoma
More details to this question:
My wife filed for divorce and sole custody. originally she tried to tell me it was joint custody and i didnt need to waste money having an a lawyer explain the papers to me. i met with one and they told me it had her filing for sole custody. after that she told me she didnt know her lawyer filed it that way. she even showed me an email to her attorney saying she just wanted the divorce and all the parenting split in half. for the following two she convinced me she was meeting with him to have him correct it and change to joint custody and didnt need a response to the papers.. she finally met with him and they filed a motion to default for not responding to the divorce papers. would this be considered dealing bad faith?
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1 ANSWER

Personal Injury Attorney serving Oklahoma City, OK
Partner at WAGNER & GORES
1 Award
There is no duty of good faith or "bad faith" with an opposing party if their lawyer, avoiding a default judgement is possible but you're going to need to file quickly and it may be possible to agree on a decree that provides the terms you are wanting.    It is very common to ask for sole custody but to submit a decree with Joint custody.  I'd recommend you meet with a lawyer in your area to protect your rights.
Answered on Jan 02nd, 2026 at 10:52 AM

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