Oklahoma City Lawyer Blog

What Are Oklahoma’s Laws about Juvenile Possession of a Firearm?

Understanding Oklahoma’s Laws on Juvenile Possession of a Firearm The possession of firearms holds significant weight, particularly for individuals under the age of 18 in the state of Oklahoma. Although constitutional carry laws extend to adults, minors face distinct regulations that pertain to their ownership and usage of firearms. If you or a loved one […] Read more »

Can a Parent Use Corporal Punishment in Oklahoma?

Corporal punishment is a controversial topic that often sparks debates among parents and legal authorities. In Oklahoma, parents have the right to use ordinary force as a means of discipline, including methods like spanking and paddling. However, the interpretation of what constitutes ordinary force can vary, creating uncertainty and gray areas in the law. The Department of Human Services also has its guidelines, stating that individuals under investigation for child abuse do not have the right to physically discipline their children. To avoid potential legal complications, it is advisable to err on the side of caution and seek guidance from an experienced Oklahoma City attorney who understands the legal landscape surrounding corporal punishment. Contact the Wirth Law Office for a free consultation and personalized advice on family law matters. Read more »

How Do I Modify Child Support in Oklahoma?

How to Modify Child Support in Oklahoma: Explained by Wirth Law Office Modifying child support in Oklahoma can be a necessary step when circumstances change, ensuring that the support arrangements align with the current needs and realities of the involved parties. Your child’s future will be impacted by receiving the financial support you are entitled […] Read more »

How Long Do I Have to Wait to Remarry in Oklahoma?

Waiting Period of Six Months Remarrying too soon after a divorce can lead to legal consequences, including potential felony charges for bigamy. To avoid such complications, it's crucial to understand the waiting period for remarriage in Oklahoma. In Oklahoma, individuals who have obtained a divorce decree must wait a minimum of six months from the day the decree is filed before they can remarry. This waiting period is in place to ensure that all legal aspects of the divorce are settled before entering into a new marriage. Avoiding Legal Consequences Remarrying before the waiting period expires can result in being charged with bigamy, a felony offense in Oklahoma. Bigamy occurs when someone is married to more than one person simultaneously. Consistency Across States While we focus on Oklahoma, it is essential to note that most other states also have similar waiting period requirements for remarriage. Therefore, attempting to get remarried in another state immediately after obtaining a divorce in Oklahoma may not be a viable option, as they will likely check for recent marriages as well. Don't Take the Risk, Just Wait To ensure compliance with the law and avoid legal complications, it is strongly advised to patiently wait for the full six-month waiting period to elapse before considering remarriage. Rushing into a new marriage prematurely can have significant consequences and potentially invalidate the subsequent marriage. If you have questions or concerns about the waiting period for remarriage in Oklahoma, it is recommended to consult a knowledgeable Oklahoma City family law attorney. They can provide guidance and help you navigate through the legal processes associated with divorce and remarriage. Call Today Free Consultation If you require assistance with any family law matters, including divorce, remarriage, or related issues, the Wirth Law Office - Oklahoma City is here to help. Our experienced Oklahoma City attorneys can provide you with the guidance and support you need during this time. To schedule a free consultation call our office at 405-888-5400. Avoid the legal risks and ensure a smooth transition to your new chapter in life by understanding and respecting the waiting period for remarriage in Oklahoma. Contact us today for personalized assistance and expert legal advice. Read more »

What is Shoplifting in Oklahoma?

Petit Larceny Can Have Major Consequences Shoplifting is a crime that occurs when individuals unlawfully take or carry away merchandise from a store with the intent to permanently deprive the establishment of its value without paying for it. In Oklahoma, the law defines shoplifting as a form of larceny committed within the premises of a […] Read more »

When Should I Modify My Child Support Obligation in Oklahoma?

Child support obligations can be modified in Oklahoma under certain circumstances. It is important to understand when and how to modify child support orders to ensure the financial well-being of both the parent and the child. Substantial changes in circumstances, such as income changes, custody arrangements, or health situations, can justify a modification. Oklahoma law provides specific circumstances for modification, including the absence of medical support, deviation from child support guidelines, and a 20% change in the amount of child support. Material changes, such as a significant increase or decrease in income or disability qualification, can also impact child support orders. Consult with an experienced Oklahoma City attorney specializing in family law to navigate the modification process. Contact the Wirth Law Office for a free consultation. Read more »

Can I Be Charged With Both Attempt and The Crime in Oklahoma?

When it comes to criminal charges in Oklahoma, the concept of attempt plays a significant role. Attempt is classified as an inchoate crime, meaning that the individual did not fully accomplish the intended offense. For a clearer picture and understanding, let the attorneys at Wirth Law Office - Oklahoma City specifically focus on the example of burglary to shed light on whether you can be charged with both attempted burglary and burglary itself. Attempted crimes refer to situations where an individual takes substantial steps towards committing a specific offense but falls short of completing it. These steps may include planning, preparing, or taking overt actions towards the commission of the crime. While the individual did not successfully carry out the offense, their intention and actions indicate a clear attempt. If you find yourself facing charges of both attempted burglary and burglary itself, it's important to note that you cannot be charged with both simultaneously. The prosecution will typically focus on pursuing the charge for the completed offense, such as burglary, as it carries more severe penalties. To secure a conviction for burglary, the prosecution must establish guilt beyond a reasonable doubt, showcasing that the individual committed the crime. In the event that the prosecution fails to prove the case for burglary, the charge will not stand. However, the inchoate offense of attempt remains in play, and the prosecution may continue to pursue it. This means that if they can't prove the completed offense, they can still seek conviction for the attempted crime. An inchoate offense refers to a crime that is incomplete or in its early stages. It is a legal term used to describe criminal acts that fall short of full completion but still demonstrate a substantial step towards committing the intended offense. Inchoate offenses include attempts, solicitations, and conspiracies. The concept of inchoate offenses originates from common law, which forms the basis of legal systems in many English-speaking countries, including the United States. Common law is a body of law derived from judicial decisions and customs rather than from legislative statutes. Inchoate offenses were developed by courts over time to address situations where individuals exhibit criminal intent and engage in preparatory acts but are stopped or fail to carry out the intended crime. Once the prosecution successfully proves that an individual committed the crime itself, the inchoate offense of attempt is essentially consumed by the completed offense. This is because the individual had to at least attempt the crime in order to achieve the actual crime. While this may not be the desired outcome for those facing charges, it follows the logical understanding that attempting a crime is a necessary precursor to carrying it out. If Read more »

What Is a Hit and Run in Oklahoma?

Understanding Hit and Run Offenses in Oklahoma: A Comprehensive Overview When it comes to hit-and-run incidents, commonly known as leaving the scene of an accident, it is crucial to grasp the legal implications and consequences so that you can secure an Oklahoma City attorney who can partner with you to protect your future. Defining a […] Read more »

Does Oklahoma Have to Enforce Another State’s Child Support Order?

Child support enforcement can become complex when the parties involved reside in different states. In the case of child support orders issued by one state, the question arises: Does Oklahoma have to enforce another state's child support order? In this article, we will explore the legal framework and obligations surrounding the enforcement of child support orders across state lines. Thanks to a crucial provision in the Constitution known as the full faith and credit clause, states are required to recognize and enforce legal judgments and orders from other states. This principle applies not only to divorce decrees and marriage licenses but also to child support orders. In essence, if a child support order is validly issued in one state, it must be respected and enforced by other states as well. When a child support order is issued, it follows the obligor, which refers to the person responsible for making the support payments. Regardless of the state they relocate to within the United States or its territories, the child support obligation remains in effect. Each state has its own child support enforcement agency, which ensures that the payment is made to the recipient. Enforcement and collection of child support payments are facilitated through cooperation between states. If the obligor relocates to a different state, the recipient can contact that state's governing agency responsible for child support collection. The agency in the new state will then take necessary actions to ensure the ongoing payment of child support or to facilitate enforcement if the obligor fails to meet their obligations. Navigating child support enforcement across state lines can be challenging, and it is essential to have a clear understanding of your rights and obligations. Consulting with an experienced attorney who specializes in family law is highly recommended. They can provide valuable guidance tailored to your specific situation and help you navigate the legal complexities involved in enforcing another state's child support order. If you have any questions or concerns regarding the enforcement of another state's child support order or any other legal matters, don't hesitate to contact the Wirth Law Office at (405) 888-5400. Our dedicated Oklahoma City attorneys are well-versed in family law and can provide the assistance you need. Schedule a free consultation today to discuss your case and gain clarity on your rights and obligations. Read more »

Exploring the Definition and Consequences of Extortion in Oklahoma

Extortion charges are a serious matter that requires immediate legal assistance from a qualified attorney. If you or your loved ones' future is on the line due to being charged with extortion you need an Oklahoma City attorney who knows the intricacies of this offense, meticulously dissecting its definition as provided by the pertinent statute. Extortion, as per Okla. Stat. tit. 21, § 1481, refers to the act of obtaining property from another individual with their consent, which is induced by the wrongful use of force, fear, or under the pretense of an official right. To establish extortion, the following elements need to be present: - Obtaining Property or Signature: The defendant must seek to acquire property, obtain a signature on a document transferring property, or secure a signature on a document creating a debt or making a demand. - Consent Under Duress: The victim's consent to the defendant's actions is given under duress or coercion. - Induced by Force or Threat: The defendant uses force, fear, or the threat thereof to obtain the victim's consent. Read more to understand the consequences and penalties for extortion in Oklahoma and how it differs from robbery. Contact an experienced Oklahoma City attorney for legal guidance and representation. Read more »

Section 18 Expungement in Oklahoma

Can You Obtain a Victim Protective Order (VPO) in Oklahoma Without the Abuser Present in Court?

When you find yourself in a situation of domestic abuse, stalking, or harassment, it's essential to prioritize your safety and seek legal protection. In Oklahoma, you have the option to obtain a victim protective order (VPO), commonly known as a protective order, even without the presence of your abuser in court. These emergency VPOs can provide immediate relief and protection in critical situations. An Oklahoma City attorney from Wirth Law Office - Oklahoma City can lead you through the court system and help you get a judge to grant you an emergency victims protective order. If you are in danger or just have questions about attaining a protective order, don't hesitate to reach out to Wirth Law Office - Oklahoma City at 405-888-5400. Read more »

Animal Abuse in Oklahoma: Pets and Livestock

Protecting Your Rights and Your Beloved Pet: Animal Cruelty Legal Services in Oklahoma As a responsible animal owner, it can be difficult to imagine being cruel to an animal. However, it's important to recognize that unforeseen accidents or circumstances can occur, potentially resulting in charges of animal cruelty for yourself or a family member. Understanding the complexities of the animal cruelty statute in Oklahoma law is crucial in order to navigate the legal process effectively and protect your rights. An experienced Oklahoma City attorney from Wirth Law Office - Oklahoma City has that knowledge and can be your advocate and teammate in your defense. Read more »

How Fast Can I Get Divorced in Oklahoma?

Understanding the Timelines for Divorce in Oklahoma Making the decision to seek a divorce is a significant step, and it’s natural to wonder about the timeline involved in the process. At Wirth Law Office – Oklahoma City attorneys are on hand to help you explore the factors that determine how fast a divorce in Oklahoma […] Read more »

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 »