Oklahoma City Lawyer Blog
12 Common Legal Grounds for Divorce Explained
In today's blog post, Dillan Savage of Wirth Law Office - Oklahoma City discusses the 12 different grounds for divorce in Oklahoma. From abandonment and adultery to extreme cruelty and incompatibility, Dillan provides a brief overview of each reason. Understanding these grounds can be crucial for anyone considering divorce. For instance, did you know that habitual drunkenness and gross neglect of duty can also lead to divorce? Whether it's proving an extramarital affair or addressing issues like imprisonment, knowledge is power when navigating this challenging process. If you find this information helpful, visit theoklahomacityattorney.com for more insights. Read more »
Understanding Hearsay: A Simple Guide to the Legal Term
**A Simple Guide to the Legal Term Hearsay** In this informative video, Dylan Savage of Orth Law Office defines hearsay and its implications in legal proceedings. Hearsay refers to out-of-court statements made by individuals to prove the truth of what they assert—such as trying to use a police report without the officer present to testify. Understanding hearsay is crucial for effectively presenting evidence in court. Dylan emphasizes the importance of having the original statement-maker available to testify, ensuring that the evidence can be admissible. If you want to learn more about hearsay and its impact on your case, watch the video and explore legal assistance options. Read more »
Pro Se Litigation: Can You Be Your Own Lawyer in Court?
In this post, Dylan Savage of Worth Law Office discusses the pros and cons of representing yourself in a custody case or any legal matter. While it is indeed possible to act as a pro se litigant—meaning you represent yourself—there are significant risks involved. Without an attorney, you lose the buffer during negotiations and must meet the same legal standards as licensed professionals. This can be particularly challenging, as emotions may run high, leading to missteps. Ultimately, while self-representation can save money, the potential pitfalls often outweigh the benefits. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Can VA Disability Be Counted for Alimony? Here's the Truth
In this informative post, Dillan Savage from Wirth Law Office discusses a critical aspect of family law: the impact of VA disability on alimony calculations. Many veterans may wonder whether their VA disability benefits can be considered when determining their ability to pay alimony. The answer is no. Under Title 43, Section 134, VA disability is not counted as income for alimony purposes, meaning if it's your sole income, it won't contribute to alimony obligations. Dillan aims to clarify this legal nuance for veterans navigating divorce or separation. For more insights, visit theoklahomacityattorney.com. Read more »
Same-Sex Marriage in Oklahoma: Legal Rights and What You Need to Know
In this blog post, Dillan Savage of Wirth Law Office addresses the legality of same-sex marriage in Oklahoma. As of October 2014, same-sex marriage is indeed legal in the state, with similar requirements to opposite-sex marriages. However, it's crucial to note that Oklahoma law (Title 43, Section 3.1) does not recognize same-sex marriages performed in other states. Dillan offers insights on the implications for individuals moving to Oklahoma and details about the legal landscape. For those navigating the complexities of marriage laws in Oklahoma, this post provides essential information to ensure your rights are protected. Read more »
Mediation in Custody Cases: Why It’s a Game-Changer for Parents
In this insightful post, Dillan Savage of Wirth Law Office discusses the significance of mediation in custody matters. Mediation serves as a vital tool for resolving disputes, allowing parties to meet in a neutral setting with the aim of reaching an agreement—whether partial or full. By facilitating open communication, mediation helps avoid the lengthy litigation that can negatively impact children involved. Dillan emphasizes how agreements on key issues, such as joint custody, can be established during mediation, ultimately saving time, money, and emotional strain for families. Discover the benefits of mediation and learn how it can provide a smoother resolution for custody cases. Read more »
Deployed? How to Transfer Visitation Rights to Step-Parents or Family
In this blog post, Dillan Savage from Wirth Law Office discusses the Oklahoma Deployed Parent Custody and Visitation Act, which offers crucial protections for military parents facing deployment. If you're a service member worried about maintaining your child's relationship with family during your absence, this law provides a solution. It allows deployed parents to transfer their visitation rights to a qualified stepparent or family member, ensuring that bonds remain strong despite physical separation. This act aims to safeguard the continuity of family connections. For further insights and legal assistance, visit theoklahomacityattorney.com. Thank you for reading! Read more »
Oklahoma Divorce: Residency Time Requirements Explained
In this insightful blog post, Dillan Savage of Wirth Law Office - Oklahoma City, outlines the essential requirements for filing for divorce in Oklahoma. To start the process, individuals must have lived in the state for at least six months. Once this residency is established, the next crucial step is determining the appropriate county for filing, based on where you or your spouse have resided for at least 30 days. This guide simplifies the initial steps of the divorce process, ensuring you have the information you need. For more detailed advice, visit theoklahomacityattorney.com. Read more »
Marijuana and Custody Cases: Understanding the Legal Consequences
In this insightful discussion, Dillan Savage of Wirth Law Office addresses the impact of marijuana use on custody matters in Oklahoma City. For individuals with a valid marijuana card, responsible usage—such as keeping it secure and away from children—will generally be viewed similarly to any other prescription medication. However, misuse or use around children can lead to serious consequences, including supervised visitation. On the other hand, using marijuana without a card is treated as illegal drug use, which can severely affect custody rights. Tune in for essential tips to navigate custody matters while managing your marijuana use responsibly. Read more »
Key Steps to Navigate Custody Matters (Non-Emergency Tips Every Parent Should Know)
In today's discussion, Dillan Savage from Wirth Law Office addresses the critical steps parents can take when facing concerns about their child's safety during custodial matters like divorce or paternity lawsuits. If you suspect a dangerous living situation but lack proof of imminent harm, there are several options available. Dillan emphasizes the importance of consulting with your attorney, requesting a welfare check from local authorities, or contacting Child Protective Services if necessary. These actions can help ensure your child's well-being and pave the way for potential emergency custody. For more insights, visit TheOklahomaCityAttorney.com. Read more »
Can You Get Your Wedding Ring Back After Divorce?
In today’s discussion, Dillan Savage of Wirth Law Office addresses a common concern during divorce proceedings: Can you reclaim your wedding band? Unfortunately, the answer is generally no. In Oklahoma, wedding bands are considered gifts, and unless both parties agree to its return, it’s unlikely you will recover it through the courts. This decision is backed by established case law, which typically does not favor the retrieval of gifts in divorce cases. For those facing this issue, reaching an agreement with your ex-partner is essential. For more insights, visit theoklahomacityattorney.com. Thank you for reading! Read more »
Protective Orders in Paternity and Divorce Cases: How They Work
In this informative blog post, Dillan Savage of Wirth Law Office addresses a crucial question: Can you file a protective order against your significant other or ex while navigating a paternity or divorce case? The answer is a resounding yes. Protective orders serve to safeguard individuals from stalking, intimidation, or harm, regardless of ongoing legal proceedings. Dillan emphasizes the importance of acting swiftly—timely filing is key if you've experienced threats or harassment. He also notes that protective orders can be integrated with divorce or paternity cases, ensuring that your safety remains a priority. For more insights, visit theoklahomacityattorney.com. Read more »
Child Preference in Custody Cases: Does It Affect the Outcome?
In Oklahoma, children aged 12 and older can express their preference regarding custody arrangements during court proceedings. While the court considers these preferences, the ultimate decision hinges on the child's best interests. If a child wishes to live with a particular parent, the court must evaluate whether that choice could potentially endanger the child’s well-being. If there are no threats identified, the court is likely to honor the child's preference. However, if the child’s safety is at risk, the court may disregard their wishes. For more insights on custody matters, visit theoklahomacityattorney.com. Read more »
Modifying Custody and Child Support: Key Facts You Should Know
Welcome to my blog! I'm Dillan Savage from Wirth Law Office, focusing on family law in Oklahoma City. Today, we explore modifications in custody matters, starting with child support. Modifying child support can be relatively straightforward, as it requires a lower burden of proof. Changes in your or the other party's financial situation, such as job loss or increased income, may warrant a reassessment of child support. On the other hand, modifying custody and custodial time is more complex and requires evidence of a significant change in circumstances. This could include relocation, criminal issues, or the child's expressed wishes. If you feel your situation warrants a modification, consulting an attorney is essential. For more insights, visit TheOklahomaCityAttorney.com. Thank you for reading! Read more »
Attorney’s Fees Awarded in Custody Cases: What You Need to Know
Welcome to my blog! I'm Dillan Savage from Wirth Law Firm, based in Oklahoma City. In today's post, we're exploring the complexities of obtaining attorney's fees in family law cases. While it's possible to be awarded these fees, it remains quite rare and challenging. Several key factors come into play, such as demonstrating financial hardship caused by the other party's actions or proving undue delays in the proceedings. If the opposing party has acted in bad faith, that could also strengthen your case for reimbursement. Join me as we delve deeper into the circumstances that can influence a judge's decision on this matter. Read more »
Default Judgment Explained: What It Is and How to Avoid It
Welcome to my blog! I’m Dillan Savage from Wirth Law Office, specializing in legal matters in Oklahoma City. Today, we’re diving into the crucial topic of default judgments and how to steer clear of them. A default judgment occurs when you fail to respond to legal documents, resulting in an automatic ruling against you. Many believe that ignoring a lawsuit will make it disappear, but that’s a dangerous misconception. If you receive a summons, it’s vital to consult an attorney immediately to ensure your rights are protected. For more insights, visit TheOklahomaAttorney.com. Stay informed and take action to safeguard your future! Read more »
Adjudication in Paternity Cases: Why It Matters in Wedlock Situations
Welcome to the Wirth Law Firm blog! I’m Dillan Savage, practicing in Oklahoma City, and today, we’re discussing the critical importance of opening a paternity lawsuit if you have a child out of wedlock. Without a legal adjudication of fatherhood, fathers lack custodial rights, meaning the mother has the ultimate authority regarding custody and visitation. Even if you and the mother are on good terms, establishing paternity through the court is essential. This process secures your rights and responsibilities as a parent, ensuring you can actively participate in your child’s life. For more insights, visit theoklahomaattorney.com. Read more »
Discovery in a Court Case: An Overview of the Legal Process
Welcome to the Wirth Law Firm blog! I'm Dillan Savage, practicing in Oklahoma City. Today, we’re diving into the critical process of discovery in legal cases. Discovery is a key method that allows us to request essential information from the opposing party, ensuring transparency and preventing surprises at trial. It consists of three main components: admissions, interrogatories, and document production. These tools enable attorneys to gather relevant information efficiently, such as financial records or communications, which are vital for building a strong case. Understanding discovery is crucial for effective legal representation. For more insights, visit TheOklahomaAttorney.com! Read more »
Termination of Parental Rights in Oklahoma: Key Insights and Procedures
In this insightful blog post, Dillan Savage of Wirth Law Firm sheds light on the complexities of terminating parental rights in Oklahoma. He explains that this process typically involves the Department of Human Services (DHS), which assesses whether a parent is unable to care for their child due to neglect or other factors. Termination can occur voluntarily or through court intervention, but often, financial responsibilities like child support may still remain. Additionally, Dillan discusses how adoption serves as another avenue for terminating parental rights. For more details and guidance, visit theoklahomaattorney.com. Read more »
Where to File Guardianships: Short Guide
In this informative post, Dillan Savage of Wirth Law Firm discusses the intricacies of filing for guardianship in Oklahoma. He outlines two primary scenarios: if you are related to the individual needing guardianship, you may file in your own county. Conversely, if there is no familial relationship, the filing must occur in the county where the individual, or ward, resides. This guidance ensures that those in need of protection receive the necessary legal support, regardless of their family ties. For more insights, visit TheOklahomaAttorney.com. Read more »
What Are a Step-Parent’s Obligations to Their Step-Children?
In Oklahoma, step-parents have no legal obligation to support their stepchildren, as outlined in Title 43, Section 112.4, which explicitly states, a step-parent is not required to maintain his or her spouse's children from a prior relationship. This means that unless you've adopted the child or are their biological parent, you're not responsible for financial support like child support. Many clients ask about this during divorce proceedings, concerned about obligations toward their spouse's children. If you find this information helpful or know someone who might, visit TheOklahomaCityAttorney.com for more insights. Thank you for reading! Read more »
Claiming Your Share After Joint Tenancy: A Step-By-Step Guide
Navigating the complexities of estate matters can be challenging, especially after the loss of a loved one. If you're looking to claim your share of a decedent's interest following the passing of a joint tenant, understanding the process is crucial. One essential step involves preparing an affidavit of surviving joint tenant, which includes specific details like the date, time, legal property description, and its county recording. Additionally, attaching a certified death certificate is mandatory when filing in the county where the decedent passed. For more insights into estate planning and related topics, explore our resources. Read more »
Understanding Affidavit of Death and Heirship: What You Need To Know
Understanding the Affidavit of Death and Airship is crucial for managing severed oil and gas interests. While this legal document can serve to avoid probate, its effectiveness is limited. Even if recorded promptly after a loved one's passing, it may not be honored by oil and gas companies unless on record for a decade. Complications arise when the decedent had a will, as current statutes do not clarify inheritance rights under both testate and intestate succession. Legislation aimed at addressing these ambiguities is pending. Ultimately, probating an estate often ensures a fair marketable value and smoother transitions. Read more »
Revocable vs. Testamentary vs. Irrevocable Trusts: Key Differences Explained
Navigating the world of trusts can be complex, yet essential for effective estate planning. A revocable living trust allows you to maintain control over your assets during your lifetime, becoming irrevocable upon your death. In contrast, a testamentary trust is established through your will during probate, often catering to specific beneficiaries like spouses or children. Meanwhile, an irrevocable trust requires you to relinquish control of the assets, making it a strategic choice for estate planning, especially if you aim to qualify for certain benefits after a five-year period. Understanding these differences is crucial for anyone looking to secure their financial legacy. Read more »
Living Revocable Trusts Explained: Benefits, Drawbacks, and How They Work
Creating a living revocable trust is a powerful way to ensure your assets are managed and distributed according to your wishes, both during your lifetime and after your passing. This estate planning tool helps to avoid probate, simplifying the transfer of your assets. To establish a living trust, it's essential to identify your beneficiaries, including their dates of birth for clarity. Additionally, you’ll need to choose a trustworthy trustee, often yourself or your spouse. Proper execution and titling of assets in the trust’s name are crucial for effectiveness. Explore the benefits of a living trust and safeguard your legacy today. Read more »
Understanding Life Estates: What They Are and How They Work in Estate Planning
Navigating estate planning can be complex, but understanding tools like life estates can simplify the process. A life estate allows an individual to retain ownership rights to a property during their lifetime while designating remaindermen—those who will inherit the property upon their death. This arrangement facilitates property transfer without the need for probate. However, challenges may arise if the life tenant decides to sell; all remaindermen must agree, complicating the transaction. Life estates are just one option in a broader estate planning strategy. Explore your options to ensure your wishes are honored and your assets are protected. Read more »
Transfer on Death Deed vs. Joint Tenancy: Which Is Better for Your Estate Planning?
Understanding the nuances of asset transfer in Oklahoma is essential for effective estate planning. Two common methods are transfer on death deeds and joint tenancy ownership. Joint tenancy involves multiple individuals sharing equal ownership of an asset, such as real estate. Upon the death of one owner, the survivor automatically inherits the deceased's share, thus avoiding probate. In contrast, a transfer on death deed allows an owner to name a beneficiary who inherits the asset upon death without prior ownership rights. This method also circumvents probate and provides flexibility, as it can be revoked if circumstances change. Read more »
Everything You Need To Know about Holographic Wills: Validity, Benefits, & Risks
Holographic or handwritten wills can be a valid option for estate planning under specific conditions. To ensure their legality, these wills must be entirely handwritten, dated, and signed by the creator. It’s essential to clearly state the intention to create a will, detail the items to be distributed, and name the beneficiaries using their full legal names. Common mistakes include using nicknames, which can create confusion. Unlike traditional wills, holographic wills do not require witnesses or notarization, but it’s crucial to inform someone about its existence. Understanding these nuances can help ensure your wishes are honored after your passing. Read more »
Last Will vs. Trust: Which Is Best for Your Estate Plan?
When considering estate planning, understanding the differences between a last will and a trust is crucial. A will outlines your heirs and appoints an executor, but it must go through probate, making your assets public. This can lead to disputes among family members, potentially draining the estate's value due to legal fees. In contrast, a trust can keep your assets private and avoid probate, benefiting your loved ones more effectively. While some may opt for a will due to perceived costs, exploring all options can lead to better outcomes for your beneficiaries. Learn more about choosing the right path for your estate planning needs. Read more »
How To Avoid Probate in Oklahoma: Essential Tips & Strategies
Navigating probate can be daunting, but there are several effective strategies to consider. One option is joint ownership, which allows property to automatically transfer to a surviving tenant upon death. For bank accounts, utilizing a payable on death designation can ensure swift access for beneficiaries. A transfer on death deed offers a similar approach for real estate, allowing heirs to claim their share without probate delays. Additionally, a revocable living trust provides flexibility in managing assets among family members. Finally, strategic gifting can minimize taxable estate value. Explore these options to simplify your estate planning journey. Read more »
