Oklahoma City Lawyer Blog
How Fast Can I Be Married in Oklahoma?
Exploring the Process of Getting Married in Oklahoma The decision to get married is an exciting and joyous occasion. If you’re planning to tie the knot in Oklahoma, it’s important to understand the legal requirements and any waiting periods associated with obtaining a marriage license. You need an Oklahoma City family law attorney who can […] Read more »What Is Animal Abuse in Oklahoma?
Understanding the Issue What’s animal cruelty in Oklahoma? So in Oklahoma, obviously there are laws that protect animals against what the state defines as abuse. Okla. Stat. tit. 21 § 1680 says, “An animal is a mammal, bird, fish, reptile, either both wild or domesticated.” Now, cruelty to those animals is defined as the willful […] Read more »What Is Rape in Oklahoma?
Rape in Oklahoma is a Crime This is obviously a very sensitive topic, so we will try to tread carefully. Rape is essentially vaginal or anal penetration without the consent of the victim and by someone who is not the spouse of the victim. I’m not going to get into that today. When most people […] Read more »
Is Possession of a Stolen Vehicle a Crime in Oklahoma?
Possession of a Stolen Vehicle in Oklahoma – Is It a Crime? Oklahoma Statute, Title 47, Section 4-103 says, “A person not entitled to the possession of a vehicle who receives, possesses, concealed, sells, or disposes of it, knowing the vehicle to be stolen or converted under circumstances constituting a crime will be guilty of […] Read more »
What Is Negligent Homicide in Oklahoma?
Negligent homicide means you’ve done something negligent to kill someone. Negligence refers to a failure to behave with the level of care that someone of ordinary prudence would have exercised under the same circumstances. It may encompass actions you did that a prudent person would not do, or conversely, things you failed to do which […] Read more »
What Constitutes Capital Murder in Oklahoma?
Capital murder is often seen as the worst of the worst – the worst offense that you can commit, or the worst thing you can be sentenced for. If you didn’t know, capital murder, of course, means murder in the first degree, with some aggravating circumstances. Here are some examples: The defendant was previously convicted […] Read more »
How Can You Value a Small Business or Close Corporation during an Oklahoma Divorce Proceeding?
Divorce can be a complicated and emotional process, especially when it comes to dividing assets. But what about when there's a close corporation or small business involved? How do you determine the value of such an asset for equitable property division? Dustin Peterson, the OklahomaCityAttorney, suggests one option is to utilize expert witnesses. By having two competing experts testify to the value of the business, the judge is more likely to set the value at a fair price. Another option is to use the IRS method for estate and gift taxes, which involves several factors. If you're facing a similar situation, contact Dustin Peterson for a free consultation. Read more »
What Is a 85% Felony in Oklahoma?
Discover what 85% felonies are in Oklahoma and why they require a longer prison sentence before parole consideration. These crimes, including murder, rape, robbery, and more, are considered violent or sexual offenses. If you're convicted of these offenses, you must serve at least 85% of your sentence before being eligible for parole. This is in contrast to other crimes where parole eligibility may occur much sooner. Understanding the distinction between these categories is crucial. To learn more about 85% felonies and their implications, read on. Read more »What Happens to Home Ownership in an Oklahoma Divorce?
Are you going through a divorce and wondering what will happen to your shared home? Joint tenancy in home ownership can be a tricky situation when it comes to divorce proceedings. Even if one spouse purchased the home before marriage, if the other spouse is added to the deed, they have a joint tenancy and ownership of the entire property. This means that even if the original owner contributed all the funds to purchase the home, the other spouse can still claim ownership of it. If you need help navigating the complexities of property distribution in divorce, contact an experienced Oklahoma divorce lawyer today. Read more »
How Do Joint Tenancy and Trusts Divide in an Oklahoma Divorce?
Dustin Peterson, from oklahomacityattorney.com, shares some insights on dividing marital assets in a divorce. Joint tenancy and trust can present some complications in equitable property distribution. If a couple decides to place a home in a trust, the court might assume that the property was gifted to the spouse if only one person uses and controls the house after its placement in the trust. Additionally, if a separate property is placed in a new husband and wife revocable trust, the court might consider it as joint tenancy, affecting the asset's distribution. If you need assistance with your divorce case, contact Dustin at 405-888-5400 or visit theoklahomacityattorney.com. Read more »
What Happens if Marital Assets Are Difficult to Divide in an Oklahoma Divorce?
In an Oklahoma divorce, dividing marital assets can become complicated, especially if the assets are difficult to divide. For example, if a couple owns a family farm that has been in the husband's family for generations, selling it may not be an option. In this case, a judge may order the husband to pay property division alimony to the ex-wife over a set period of time. But what happens if the ex-wife passes away before the payments are complete? The husband will need to continue making the payments to her estate. If he refuses, he could be found in contempt of court and face penalties. For more information on divorce in Oklahoma, contact OklahomaCityAttorney.com. Read more »
What Happens to the Income or Appreciation of a Spouse's Separate Property in an Oklahoma Divorce?
When a couple gets divorced, the fate of one spouse's separate property can be a contentious issue. But what happens to the income or appreciation from that property? Oklahoma City attorney Dustin Peterson explores different schools of thought on the matter. While the older version deems income from separate property as also separate, more recent interpretations consider marital labor as a factor in making it marital property. The appreciation of marital property can also be tricky, with different states having varying rules. Whether marital labor is involved or not and the nature of the property are just some of the factors to consider in this complex issue. Read more »
How Is a Workers’ Compensation Settlement Divided in a Divorce?
The portion of the settlement that replaces wages lost during the marriage is considered marital property subject to division. Read more »
Who Gets the House in an Oklahoma Divorce?
The division of the home's value would not be based on the time of the divorce filing but rather on when the joint industry ceased. Read more »
What Is a Qualified Domestic Relations Order (QDRO) in Oklahoma?
Pension plan benefits can be dispersed to a former spouse directly from the pension plan in the case of divorce through a QDRO. Read more »
Oklahoma VPO Part II: What Are Property Implications of a VPO and Can It Affect Title Ownership?
In part two of the Oklahoma VPO series, attorney Dustin Peterson answers a common question about property implications of a VPO. The answer is that a VPO cannot determine title to the property, but it may determine possession. If a person has been ordered to leave the house, they cannot go there and their spouse has possession and entitlement. Even going inside to claim a personal item without permission is considered a crime. Peterson advises those in this situation to consult with an attorney and be cautious about any actions they take. For more information about VPOs, contact an Oklahoma VPO lawyer. Read more »Oklahoma VPO Part I: What Is a Victim Protective Order (VPO)?
A victim protective order (VPO) can protect those who have experienced domestic violence, stalking, harassment, rape, etc. Read more »Is It Possible to Acquire Separate Property during Marriage in Oklahoma?
Examples of separate property acquired from marriage include receiving a gift from parents for personal use or inheriting from a relative. Read more »How to Fairly Divide Pension Plan Benefits in an Oklahoma Divorce Case
The courts in Oklahoma use two basic distribution methods: present value or immediate offset method and deferred distribution. Read more »What Happens to Military Retirement Benefits After a Divorce in Oklahoma?
The Supreme Court has ruled that military disability pay is not considered community property and is not subject to division in a divorce. Read more »Can a Spouse Be Awarded Alimony against Future Wages in Oklahoma?
The wife requested alimony against her husband's future wages as a doctor since she had invested in the family during the marriage. Read more »How Is Goodwill of a Business Treated in Property Division during an Oklahoma Divorce Case?
The divisibility of goodwill depends on whether it is marketable or relies on the reputation of the business owner. Read more »Disability Benefits: Marital or Separate Property in an Oklahoma Divorce Case?
Disability benefits are considered marital property subject to division if they replace life savings or are used to pay bills. Read more »What Is a Section 991(C) Expungement in Oklahoma?
A Section 991 (c) expungement is an easier and quicker way to partially clear your criminal record compared to a Section 18 expungement. Read more »
What Is a Section 18 Expungement in Oklahoma?
A Section 18 expungement is a way of clearing your criminal record, although it doesn't completely erase everything. Read more »
When Am I under Arrest in Oklahoma?
A person is under arrest when a reasonable person would believe they are not free to leave from law enforcement. Read more »
What Is Probable Cause in Oklahoma?
Probable cause is an evidentiary standard by which police can obtain a warrant for an arrest or search when there is reasonable suspicion. Read more »
Is My Oklahoma Divorce Decree Going to Be Respected across State Lines?
The Full Faith and Credit Clause of the Constitution requires states to respect judicial proceedings including divorce decrees. Read more »
What Are My Rights When an Oklahoma Police Officer Pulls Me Over?
If you've been charged with aggravated speeding in Oklahoma, you may be facing serious consequences such as hefty fines, license points, and even jail time. It's crucial to understand the laws and potential penalties associated with this offense to protect your driving record and future. Consulting with a knowledgeable Oklahoma City traffic ticket attorney, like those at Wirth Law Office, can provide you with the guidance and advocacy you need to navigate the legal process effectively. Don't jeopardize your driving privileges – reach out for a consultation to discuss your case and explore your defense options today. Your future on the road is worth fighting for. Read more »
Can Parents Deny Visitation to Grandparents in Oklahoma?
You can ask if you are being detained for questioning, and if you are, the officer must have a good reason for it. Read more »
