FAQs

A free consultation gives clients an opportunity to decide whether they will be comfortable with an attorney’s personality and style. It also gives the attorney an opportunity to see if you have the type of case the attorney wants to take and decide if they want to work with you.

Most attorneys will not provide legal advice during a free consultation. They will listen to your case and let you know if they can help you. In addition, a family law attorney who offers free consultations may be one who has few clients, is not terribly busy, or is willing to take any case that walks through the door, even if other alternatives may exist for that client.

If an attorney is willing and/or able to commit the serious time involved in a consultation for free or at a significantly reduced rate, it may indicate a lack of experience by the attorney, or you should investigate other red flags. That may not always be the case, but most reputable and experienced attorneys charge a fee in exchange for the valuable and tailored information they provide during consultations.

I am bound by strict rules of professional conduct. Once I hear your side of the story, I cannot represent the opposing party due to a conflict of interest, even if you do not retain me. In this sense, my consultation fee is my compensation for the loss of future potential legal work.

I use my consultation fee to figure out how serious you are about your case and whether you have the means to pay for my services. A consultation fee helps me weed out individuals just searching for free legal advice.

I spend a lot of time, effort, and money to gain expertise and knowledge, and my consultation will provide you with valuable information. During my consultations, I tell potential clients that they do not need my services if I find that to be the case. I also consistently offer alternatives that are not profitable to me but are beneficial to potential clients. It is fair that you should compensate me for providing you with valuable information as well as helping you formulate a plan for moving forward.

Trial is a huge time suck. If it looks like your case is heading to trial, it is important to financially prepare for your attorney to bill for focusing multiple hours on your case. When it comes to hearings prior to trial, it may take an hour or two to prepare beforehand. Trial on the other hand can take anywhere from 8 hours to multiple days of preparation. That is not counting the amount of time in the courtroom, or drafting the final documents needed to finish your case. Each case is different, but trial could cost an additional $5,000.00-$20,000.00 depending on the specifics of your case. This is also why Rhonda encourages meditations to try and keep costs down.

In Oklahoma, this is case specific. If you are wondering if your ex can be required to pay your legal fees from the onset, the answer is no. In most cases, to be awarded attorney fees, your case must be completed with a judge’s Order. Once you have the judge’s Order, you can file a separate document requesting attorney fees and listing what portion of attorney fees you are asking the other side to pay. It is then up to the judge to determine whether to award any attorney fees.

While this is being determined, you are still responsible for your contracted payments to your attorney. In the event some attorney fees are won and indeed paid to your attorney, they will be applied to any balance owed. Lastly, any overage will be given to you once the final invoice has been completed.

It is important you receive this information at the Hearing when the decision was made. It should also be in the Court Order stating how much you owe. If it isn’t in the Court Order, we encourage you to contact your attorney to figure out how to pay as soon as possible.

No, you now have an Order that is temporary. Until the Final Order is entered, your case is considered ongoing.

Even though dealing with this issue is difficult, unless the cheating affected the marriage in a financial way, the courts typically stay out of this aspect of the case and primarily deal with the issues of custody and property that need to be decided.

I would suggest issuing formal Discovery on your ex to try and obtain all the evidence of the assets and debts of the marriage. A certified fraud examiner and/or a private investigator may also need to be retained to get to the bottom of the amount of assets that are within the marriage.

We can subpoena bank documents if we need to but if you can go ahead and get them then that cuts down on the legal fees we have to charge you.

Before meeting with an attorney for a divorce, it’s helpful to gather the following documents:

• Pre-nuptial or post-nuptial agreements, if applicable;
• Financial records, including bank statements, investment accounts, and tax returns;
• Documentation of assets and liabilities, such as property deeds, mortgage statements, and loan agreements;
• Employment records, including pay stubs and employer benefits information;
• Documentation of any existing child custody arrangements, if applicable; and
• Copies of any relevant court orders or legal documents related to the divorce.

For custody and guardianship cases, you can prepare by gathering these documents:

• Financial records, including bank statements, investment accounts, and tax returns;
• Employment records, including pay stubs and employer benefits information;
• Documentation of any existing child custody arrangements, if applicable; and
• Copies of any relevant court orders or legal documents related to the divorce.

For estate planning, you can prepare by gathering these documents:

• Identification documents, such as passports and driver’s licenses;
• Marriage certificate or divorce decree, if applicable;
• List of assets, including real estate, bank accounts, investments, and valuable personal property;
• Information on debts, loans, and liabilities;
• Existing wills, trusts, or power of attorney documents;
• Life insurance policies and retirement account information; and
• Healthcare directives, including living wills and medical power of attorney documents.

Remember, these are just general suggestions, and your attorney may have specific requirements based on your individual circumstances.

We can subpoena the financial records, including bank statements, investment accounts, and tax returns to address this issue.

In Oklahoma, grandparents can seek custody of their grandchildren through various legal options:

• Visitation Rights: Grandparents can petition the court for visitation rights if it is in the best interest of the child and if the parents are divorced, deceased, or have had their parental rights terminated. In the case of divorce or the parents are separated, grandparents will also need to show that they have a very significant relationship with the grandchildren for visitation to even be considered.
• Guardianship: Grandparents can pursue legal guardianship if the child’s parents are unable or unwilling to care for the child. Guardianship grants the grandparents the legal authority to make decisions on behalf of the child and provide for their well-being.

It’s important to consult with an attorney who specializes in family law in Oklahoma to understand the specific legal process and requirements for each option. They can guide you through the necessary steps and represent your interests in court, if needed.

A Guardian Ad Litem (GAL) is an attorney whose responsibilities are to help the court determine what is in the best interests of the children involved in either a Divorce or Custody action. They can also be appointed in cases of Adult Guardianships and various other types of cases.

According to the IRS, the parent who has the child the majority of the year is the one that should claim the child on taxes. Its not unusual for an Order to be entered into a custody case that gives each parent the opportunity to claim the child, usually every other year or if there are multiple children, the court can have a parent claim some of the children and the other parent claim the rest of the children.

It may be possible to keep the home even if your ex wants to sell it, but you may have to give your ex their share of the equity that is in the home at the time of the divorce.

Sometimes this is decided by the Judge if the parties can’t come to an agreement on who is going to live in the home. If you move out of the home, you may still find yourself responsible for half (1/2) of the mortgage whether you live in the home or not.

Possibly. Depending on the length of the marriage and the contributions of both parties to the home, you may be able to obtain some financial benefit out of the home.

The court typically awards each party ½ of the amount of the retirement account of each party that was accumulated during the life of the marriage. This can also be dealt with through other assets of the marriage or offset depending on each party’s retirement account and other assets and debts.

You can go ahead and update these types of documents.

Make sure you know where you are going, the address of the courthouse; that you have kept your attorney apprised of any new developments in yours and the other sides situations; have any documents the attorney has asked for that you haven’t already provided to your attorney ready for them; dress appropriately and take a breath.

Yes! You can pay online through our Payment Portal link below. Please make sure you put the client’s name in the Reference Line, so we know which case to record the payment in.

https://secure.lawpay.com/pages/innervisionlegal/trust

Once we have drafted your final bill, any unused funds will be refunded to you.

Yes! We keep detailed records of all work done for all our clients. Each invoice breaks down what was done and how much it costs.

All invoices are shared to your email as PDFs. This is the most cost efficient to you. We can mail them to you at your request if you are willing to pay copying and postage expenses. At Inner Vision Legal, we strive to limit how much we print as it saves trees and helps your wallet.

If you have a family law case with us, we typically bill for consultations, court appearances, document drafting, drive time, emails, out-of-pocket expenses, telephone conversations, and text messages. The easiest way to think of it is if we are working on your case, you are charged for that time. This is also why we have detailed billing statements, so you are able to see a breakdown of all the charges with your payments applied.

You sure can! In fact, it is normally required. This is one of the best ways to make sure you are staying current on your contracted payments. Please contact our office to leave your bank information on file or a credit or debit card at no cost to you.

1. Send one (1) email with events from the day instead of multiple short emails throughout the day.
2. When it comes to us needing documents from you, i.e., tax info, bank statements, text messages, print them out and organize them for us.
3. Mediation or settling prior to trial.
4. Instead of calling your attorney every time something small arises, keep a journal or notebook to track events throughout your case. Before upcoming hearings, update your attorney on any new events.
5. Allow us to email your documents to you as opposed to mailing them. This will save you on hourly billing as it takes less time to email the document as opposed to mailing it out. You also save on copying and postage expenses.

The short answer is no. If you already know your set budget, please let our office know that and we can discuss what options you have. When it comes to family law cases, each case is different.  This makes it challenging to cap fees.

When it comes to Estate Planning, after the initial consultation, we are normally able to gauge an estimated number of hours. Of course, if it looks like we would need to work additional hours, we will always notify you. On the other hand, if we work less than we initially estimated, any unused funds will be refunded to you.

The only way to do this is if you have been re-married for one year and your new spouse is willing to adopt your child.

In order for Oklahoma to terminate your parental rights in a DHS case, you have the right to a jury trial. If you have done your treatment plan, then that information is what you will use to fight termination of your parental rights.

When a child is conceived during a marriage, the husband is assumed to be the father. Generally speaking, unmarried fathers have rights and can seek custody or visitation if they establish paternity. Unmarried fathers can establish paternity by either signing an acknowledgment of paternity or obtaining an order from the court. However, the mother may have the upper hand in some cases, especially if she has been the primary caregiver or if there are safety concerns. The best way to find out your legal options and rights is to consult a family law attorney who can advise you on the specific laws and procedures in your particular situation.

Child custody refers to all parental rights and responsibilities in the rearing of the child, including the right to direct a child’s activities and to make decisions regarding the child’s care and control, education, health, and religion. Oklahoma child custody laws differentiate between physical custody and legal custody.

A parent with “physical custody” lives with the child. Parents can share physical custody, or one parent may have sole physical custody while the other parent has visitation rights. “Legal custody” refers to a parent’s right to make major decisions on the child’s behalf.

A parent with legal custody can decide whether the child should receive certain medical treatment, where the child should attend school, and if the child should participate in a certain religious faith.

The best interests of the child are the main factor that courts consider when deciding custody cases in Oklahoma. The court will look at factors such as the child’s age, needs, preferences, relationship with each parent, adjustment to home and school, and any history of abuse or neglect. The court will also consider the parents’ ability to cooperate, communicate, and provide a stable environment for the child. In Oklahoma, joint custody is typically the public policy standard for courts to consider initially.

In Oklahoma, the term “best interests of the child” refers to the standard used by courts to make decisions regarding child custody, visitation, and other matters related to the welfare of the child. It means that the court will consider various factors to determine what arrangement or decision would be most beneficial and favorable for the child’s overall well-being and development. The court considers factors such as the child’s physical and emotional needs, the parents’ ability to provide a stable home environment, and any history of abuse or neglect when determining the best interests of the child.

When determining the best interests of the child, the court considers factors such as the child’s physical and emotional needs, the parents’ ability to provide a stable home environment, and history of abuse or neglect.

Joint custody and shared custody are two different ways of arranging the parenting time and responsibilities of divorced or separated parents. Joint custody means that both parents have legal rights and duties regarding their children, such as making decisions about their education, health, and religion. Shared custody means that both parents have equal amounts of physical time with their children, such as alternating weeks or days. Both types of custody have advantages and disadvantages, depending on the situation and the needs of the parents and children.

Depending on where you are in the process of the Paternity/Custody action, this may or may not be possible. If the opposing party is not in agreement, you may need to file a motion to get the approval from the court to move out of the area with children and the court will consider what is in the children’s best interest.

Final Orders regarding custody plans can be modified if needed throughout the life of the child, depending on the circumstances and reasons for the need to change it.

That’s a question that parents ask themselves after a separation. The answer is yes, but it depends on the circumstances. Child custody is not set in stone and can be modified if there is a significant change in the situation of either parent or the child. For example, if one parent becomes abusive, loses their job, moves to another state, or neglects the child, the court may consider changing the custody arrangement. Likewise, if the child expresses a preference to live with one parent over the other, or if the child’s interests or needs change, the court may take that into account. However, changing custody is not easy and requires a lot of evidence and legal procedures. The court will always prioritize the best interests of the child and will not change custody unless it is beneficial and necessary for the child. Therefore, parents who want to change custody should consult with a lawyer and prepare a strong case to show why the current arrangement is not working and how the proposed change will improve the child’s well-being.

Child support is calculated based on the incomes of the parties, the number of children between the couple and the number of overnights the children will be with each parent throughout the year. Daycare, health insurance and other children not a party to the case are also factors to be considered in calculating child support.

Whether you have parental rights or not, the only way you no longer have a duty to support your child is if that child is adopted after your parental rights have been terminated. In Oklahoma, parental rights can only be terminated through an adoption proceeding or a deprived proceeding in which the State of Oklahoma brings an action to terminate your parental rights.

Yes, you will need to file a Motion to Modify Child Support.

You will need to file a Motion to Modify Child Support.

If that was negotiated prior to your divorce and it’s in the final Order, then you can force the other parent to help pay for your child’s college expenses. Otherwise, no.

Yes, you can apply for child support through the Department of Human Services (DHS) Child Support Enforcement without filing anything in the court system.

As a general rule, no. You may be able to get a credit for overpayment of child support, especially if the child is still a minor and the obligation is ongoing.

If you have an arrears, you will continue to pay child support after a child turns eighteen (18) until the arrears is paid. If you are current and child support hasn’t stopped, you need to contact the Department of Human Services (DHS) Child Support Enforcement and complete a form. You may need to file a Motion with the court to stop the child support obligation.

If you are current and child support hasn’t stopped, you need to contact the Department of Human Services (DHS) Child Support Enforcement and complete a form. You may need to file a Motion with the court to stop the child support obligation.

In Oklahoma, it is required by statute that you pay your child support through the Department of Human Services (DHS). If you don’t pay through DHS then I recommend making sure your payments can be tracked either by check, money order or an app like PayPal or Venmo. If you choose to go with this method, make sure it’s always noted that the payment is for “Child Support” so there is no question what you are paying.

You can go to the Department of Human Services (DHS) Child Support web page and calculate what you should be paying to determine a close to accurate amount to pay.

Yes, the number of children is one factor regarding child support that is paid, and children not part of a particular case will factor in also.

It depends. Child support is calculated based on the incomes of the parties, the number of children between the couple and the number of overnights the children will be with each parent throughout the year. Daycare, health insurance and other children not a party to the case are also factors to be considered in calculating child support.

One of the best options is to pay an amount over what you are ordered to pay monthly. For instance, if your monthly child support payment is $300, pay $350 and note that $300 is for current child support and $50 is for the arrears. If and when you can pay a lump sum towards the arrears, it’s advisable to do so.

You can file an Application for Contempt if the child support was ordered through a court action. If there isn’t a court action and child support is only through the Department of Human Services, contact them and ask them to start a proceeding to address this issue.

Back child support is child support that was ordered and hasn’t been paid. It’s calculated the same way current child support is.

Child support is to be paid to the other parent to help support the child. The parent receiving the child support is not obligated to keep receipts of how the support is spent, as long as the parent receiving the support is taking care of the child and meeting their needs. That is what the court is going to consider in reviewing if the child support is being spent properly.

Yes, if there is an arrearage owed.

Yes. An assignment (garnishment) is typically ordered to have child support paid out of the payor’s income prior to the payor receiving their paycheck.

Possibly but not always. If during the life of the marriage, the property was kept completely separate, then it is possible this property won’t be included as part of the marital estate. However, if both parties contributed to this property in some way, then it’s possible that a portion of this property could be divided up between the parties.

Yes. A person can object to getting a divorce but ultimately, it’s possible to obtain a divorce even if the other spouse objects.

Yes. A person can object to getting a divorce but ultimately, it’s possible to obtain a divorce even if the other spouse objects.

A legal separation is a formal process where a married couple lives apart and addresses issues such as child custody, division of assets, and support. However, they remain legally married. A divorce, on the other hand, dissolves the marriage entirely, ending the legal relationship between the couple. It involves child custody arrangements, the division of assets, and the termination of marital obligations. While both a legal separation and a divorce address similar issues, the key distinction is that a legal separation allows for the possibility of reconciliation, while a divorce is the permanent termination of the marriage.

Yes. The spouse will have to be served with the pleadings that are filed no matter where they live but their being out of the state or the country does not mean you can’t finalize a divorce.

There is no set answer as to who will get the children prior to filing for divorce. This issue will have to be decided by the parties and it would be best if this was decided based on the children’s best interests.

The following are actions I would advise any potential client contemplating a divorce to seriously consider not taking:

• Abuse your spouse emotionally or physically;
• Attempt to hide marital assets;
• Drain the bank accounts;
• Involve the children in the decision-making process of the divorce in any way;
• Post anything about a possible divorce on social media; and
• Voluntarily leave the marital home.

In Oklahoma, alimony, if determined by a judge, is based on the ability to pay alimony, the need for the alimony and the length of the marriage. It is set for a specific amount and for a specific length of time in order to help the spouse needing alimony to get settled and back on their feet.

43 OS 101 states the twelve grounds for divorce in Oklahoma:

1. Abandonment;
2. Adultery;
3. Impotency;
4. When the wife is pregnant prior to marriage by someone other than her husband;
5. Extreme cruelty;
6. Fraudulent contract;
7. Incompatibility;
8. Habitual drunkenness;
9. Gross neglect of duty;
10. Imprisonment;
11. The procurement of a final divorce decree without this state by a spouse which does not in this state release the other party from the obligations of the marriage; and
12. Insanity for a period of five (5) years.

Typically, most people file for divorce on the basis of incompatibility.

• Be confident about your decision;
• Decide whether you want to remain in the home or not;
• Prepare the children. I encourage counseling;
• Take care of yourself. This new journey will come with emotional turmoil. I encourage counseling for you; and
• Talk to an attorney regarding your legal options.

You have to live in Oklahoma for six (6) months prior to filing for divorce and in the county, you are filing for one (1) month.

A contested divorce means there is at least one (1) issue that the parties don’t agree on that needs to be decided by a judge. An uncontested divorce means that the parties are able to agree on the issues involved in the divorce.

Child support is calculated based on the incomes of the parties, the number of children between the couple and the number of overnights the children will be with each parent throughout the year. Daycare, health insurance and other children not a party to the case are also factors to be considered in calculating child support.

In Oklahoma, mediation is a process used in family law to assist parties in resolving their disputes outside of court. It involves a neutral third party, called a mediator, who helps facilitate communication and negotiation between the parties. The mediator does not make decisions but instead assists the parties in reaching a mutually acceptable agreement. Mediation can cover various family law matters, such as child custody, child support, parenting plans, property division, and visitation schedules. It is often seen as a less adversarial and more cooperative approach to resolving family law issues.

At the end of the case, it may be possible to file a Motion to have the other party pay your attorney fees. Typically, in most Oklahoma family law cases, each party pays their own attorney fees, but it is possible under certain circumstances to get an award for attorney fees.

1. Send one (1) email with events from the day instead of multiple short emails throughout the day.
2. When it comes to us needing documents from you, i.e., tax info, bank statements, text messages, print them out and organize them for us.
3. Mediation or settling prior to trial.
4. Instead of calling your attorney every time something small arises, keep a journal or notebook to track events throughout your case. Before upcoming hearings, update your attorney on any new events.
5. Allow us to email your documents to you as opposed to mailing them. This will save you on hourly billing as it takes less time to email the document as opposed to mailing it out. You also save on copying and postage expenses.

Yes. If this can’t be done by agreement, you will need to file a Motion to Enforce to get back the time you have missed or to Modify the final order.

You can file for a legal separation to protect your assets without filing for divorce.

Depending on where you are in the process of divorce, this may or may not be possible. If the other spouse is not in agreement, you may need to file a motion to get the approval from the court to move out of the area with the children and the court will consider what is in the children’s best interest.

Trusts are legal arrangements where a person, known as the grantor, transfers their assets (such as investments, money, or property) to another person or entity, called the trustee. The trustee manages and holds these assets on behalf of the beneficiaries. A beneficiary is the individual designated to receive the benefits from the trust. In Oklahoma, Trusts offer several benefits. First, Trusts can help avoid probate, saving an individual time and expenses. Probate is the legal process of distributing assets after someone passes away. Unlike Wills, Trusts provide a layer of privacy as they are not subject to public record. They also allow for greater control over how assets are managed and distributed, enabling the grantor to specify conditions for distribution and protect assets from mismanagement or from creditors. Trusts can be tailored to meet specific needs, such as providing for minor children or individuals with special needs and can help minimize estate taxes. Trusts can be tailored to meet specific needs, such as providing for minor children or individuals with special needs. They can also help minimize estate taxes. Overall, Trusts offer asset protection, efficient wealth transfer, flexibility, and privacy for individuals in Oklahoma.

In Oklahoma, a Will and a Living Will serve different purposes. A Will is a legal document that outlines how a person would like their assets and property distributed after their death. It allows individuals to specify their beneficiaries, appoint an executor, and make other important decisions regarding their estate. On the other hand, a Living Will, also known as an Advance Directive for Healthcare, is a document that addresses healthcare decisions when someone is unable to communicate or make decisions themselves. It typically includes instructions about medical treatments, end-of-life care, and the appointment of a healthcare proxy. Essentially, a Will focuses on the distribution of assets after death, while a Living Will deals with medical decisions during a person’s lifetime.

In simple terms, a Trust and a Will are legal documents used to manage and distribute assets after someone passes away, but they have some key differences. A Will is a written document that outlines a person’s wishes regarding the distribution of their property and the guardianship of their minor children. It goes into effect only upon their death, and it must go through the probate process, which can be costly and time-consuming.

On the other hand, a Trust is created during a person’s lifetime and involves transferring assets into a separate legal entity managed by a trustee. The trustee holds and manages these assets for the benefit of the designated beneficiaries. Unlike a Will, a Trust generally bypasses probate, allowing for a faster and more private distribution of assets. It can also provide flexibility in managing assets during the creator’s lifetime and in addressing specific circumstances, such as incapacity.

In the context of Wills and estate planning in Oklahoma, the term “estate” refers to the total sum of a person’s assets, properties, and debts at the time of their death. It includes both real estate (land and buildings) and personal property (bank accounts, investments, personal belongings, and vehicles). When creating a will or engaging in estate planning, individuals often define how their estate should be distributed among their beneficiaries after their passing. It is important to consult with an attorney or estate planner to ensure that your estate planning aligns with the specific laws and regulations in Oklahoma.

In Oklahoma, the requirements for Wills can vary, so it’s advisable to consult with a lawyer who specializes in estate planning or probate law. Generally, having an out-of-state will might be recognized in Oklahoma if it meets the legal requirements of both the state where it was executed and Oklahoma law. However, outdated Wills may not reflect your current intentions or may not meet the current legal standards. It’s often recommended to keep your will up to date to ensure that your wishes are properly documented and followed.

In Oklahoma, a durable power of attorney is a legal document that allows an individual, known as the “principal,” to appoint another person, known as the “attorney-in-fact” or “agent,” to make financial and legal decisions on their behalf. The durable power of attorney remains in effect even if the principal becomes incapacitated or unable to make decisions. This document grants the agent authority to manage the principal’s finances, pay bills, make investment decisions, and oversee other financial matters as specified in the power of attorney document. A durable power of attorney is unenforceable once the principal has passed. It’s important to consult with an attorney to ensure the power of attorney meets all legal requirements and addresses your specific needs.

Wills are legal documents that outline how a person’s assets and belongings should be distributed after their death. They offer several benefits, such as:

1. Control: Wills allow you to have control over who receives your money, possessions, and property, ensuring that your wishes are carried out.

2. Clarity: By clearly stating your intentions in a will, you minimize the potential for confusion or disputes among your loved ones regarding the distribution of your assets.

3. Guardianship: If you have minor children, a will enables you to name a guardian to care for them in the event of your passing.

4. Tax Efficiency: Wills can help minimize taxes and other costs associated with the transfer of assets, potentially preserving more of your estate for your beneficiaries.

5. Peace of Mind: Creating a will provides peace of mind, knowing that you have taken steps to protect your loved ones and your assets according to your wishes.

It’s important to consult with a qualified attorney or estate planner to ensure that your will is properly drafted and legally valid.

An Advanced Directive for Healthcare is a legal document that allows individuals to express their preferences and make decisions regarding their medical treatment in the event that they become unable to communicate or make decisions for themselves. This directive typically includes instructions about the use of life-sustaining treatments, such as resuscitation, ventilators, or feeding tubes, as well as preferences for pain management and organ donation. It ensures that an individual’s healthcare wishes are respected and followed, providing guidance to healthcare professionals, and loved ones during critical times. By creating an Advanced Directive, individuals can maintain autonomy over their medical care and relieve their families of the burden of making tough decisions on their behalf.

When you pass away, the transfer of property typically follows a process called estate distribution. Here’s a simplified explanation:
1. Will or Intestate: If you have a valid will, it outlines your wishes for how your property should be distributed after your death. If you don’t have a will, the process is governed by the laws of intestate succession.
2. Executor/Administrator: If you have a will, you may have named an executor, who is responsible for carrying out your wishes. If there’s no will, a court may appoint an administrator to oversee the distribution process.
3. Probate: Probate is the legal process of validating the will (if one exists), settling debts, and distributing assets. It involves filing necessary documents with the court and can take time.
4. Debts and Taxes: Before distributing the property, outstanding debts, taxes, and expenses are typically paid from your estate. This may include funeral costs, outstanding bills, and estate taxes.
5. Distribution: Once debts are settled, the remaining assets are distributed according to your will or the laws of intestate succession. Beneficiaries named in your will receive their designated shares. If there’s no will, the court determines the distribution based on the laws of your jurisdiction.
6. Title Transfers: The transfer of property ownership may involve legal processes such as updating property deeds, titles, and financial accounts. This ensures the appropriate individuals receive ownership rights.
It’s important to consult with an attorney or estate planner to create a comprehensive estate plan that aligns with your wishes and local laws.

If you die without a will or a trust, it means you have died “intestate.” In this case, the distribution of your assets and property will be determined by the laws of your state or country. The court will appoint an executor to manage your estate and distribute your assets among your heirs according to a predetermined formula. The process can be time-consuming, costly, and may not align with your personal wishes. It’s generally recommended to have a will or trust in place to ensure your assets are distributed according to your preferences.

Being a beneficiary of certain assets means that you are someone who will receive or inherit those assets when the owner passes away. These assets can include things like money, property, investments, or even personal belongings. As a beneficiary, you have the right to claim and legally own those assets once they are transferred to you. You typically don’t need to hire an attorney unless the terms of the Will are contested by either you or another individual.

Breaking the ice with your parents about their estate plan can be a sensitive topic. Here’s a suggested approach:

1. Choose the right time: Find a calm and relaxed moment when your parents are open to having a conversation. Avoid bringing up the topic during stressful or busy times.

2. Express your concern: Start by expressing your care and concern for their well-being. Let them know that you want to ensure their wishes are respected and that discussing their estate plan will help provide clarity and peace of mind for everyone involved.

3. Be respectful and attentive: Approach the conversation with empathy and respect. Listen actively to their thoughts, concerns, and any questions they may have. Assure them that you’re there to support their decisions.

4. Highlight the benefits: Emphasize the advantages of having an estate plan, such as protecting their assets, minimizing taxes, and ensuring their wishes are followed. Explain how it can simplify matters for the family and minimize potential conflicts in the future.

5. Share your own intentions: If you feel comfortable, you can mention your own estate planning intentions as a way to encourage openness and participation. This may help them see the conversation as a shared responsibility rather than a one-sided request.

6. Offer assistance: Let your parents know that you’re willing to help with the process. Offer to gather relevant information, research professionals, or accompany them to meetings with lawyers or financial advisors. Assure them that you respect their autonomy and decisions.

Remember, discussing estate planning can be an ongoing conversation. If your parents need time to think or aren’t ready to discuss it fully, be patient and let them know you’re available whenever they’re ready to continue the conversation.

Being named the Executor of an estate means that you have been appointed to manage the affairs and carry out the wishes of someone who has passed away. As an Executor, your responsibilities typically include locating and managing the deceased person’s assets, paying debts and taxes, distributing property to beneficiaries according to the will, and overseeing any legal or administrative tasks associated with the estate. It is an important role that requires organization, attention to detail, and adherence to the laws and regulations governing estate administration.

To start estate planning, here are some steps you can follow:

1. Take inventory: Make a list of all your assets, including property, investments, bank accounts, and personal belongings.

2. Determine your goals: Consider what you want to achieve with your estate plan. This could include providing for your loved ones, minimizing taxes, or supporting charitable causes.

3. Choose beneficiaries: Decide who you want to inherit your assets and how you want them to be distributed. Consider family members, friends, or organizations you wish to include.

4. Create a will: A will is a legal document that outlines how you want your assets distributed after your death. Consult with an estate planning attorney to draft a will that reflects your wishes.

5. Appoint an executor: Select a trustworthy person to be the executor of your estate. This person will be responsible for carrying out the instructions in your will.

6. Consider a living trust: Depending on your situation, a living trust may be beneficial. It allows you to transfer assets to a trust during your lifetime, which can help avoid probate and provide greater control over asset distribution.

7. Designate power of attorney and healthcare proxies: Appoint individuals to make financial and healthcare decisions on your behalf if you become unable to do so.

8. Review and update regularly: Estate planning is not a one-time task. Regularly review and update your plan as your circumstances change, such as marriage, divorce, or the birth of children.

Remember, estate planning can be complex, so it’s advisable to consult with an experienced estate planning attorney who can guide you through the process based on your specific needs and local laws.

Powers of attorney are important legal documents that grant someone the authority to act on your behalf in various situations, such as financial or medical matters. They are crucial for several reasons:

1. Decision-making: Powers of attorney allow you to choose someone you trust to make decisions for you when you are unable to do so yourself, due to illness, incapacity, or absence.

2. Convenience: Having a power of attorney in place can help streamline and simplify important transactions or legal processes. Your appointed agent can handle tasks on your behalf, reducing the need for your direct involvement.

3. Financial management: A financial power of attorney gives your agent the ability to manage your financial affairs, pay bills, handle investments, and make financial decisions in your best interest.

4. Healthcare decisions: With a healthcare power of attorney, you can designate someone to make medical decisions on your behalf if you become incapacitated or unable to communicate your wishes.

5. Peace of mind: By creating a power of attorney, you have control over who will act on your behalf, ensuring that your interests are protected and your affairs are handled according to your wishes.

Remember that powers of attorney are powerful legal tools, so it’s essential to choose a trustworthy and reliable person as your agent, and to clearly communicate your preferences and expectations regarding decision-making.

Probate is the legal process that validates a deceased person’s will, settles their debts, and distributes their assets. It involves the court overseeing the administration of the estate. Whether or not probate should be avoided depends on your specific circumstances. Probate can be time-consuming, expensive, and public, which some people prefer to avoid. However, in certain situations, probate may be necessary and beneficial to ensure a fair distribution of assets and resolve any disputes. It’s essential to consult with an estate planning attorney to understand the probate laws in your jurisdiction and explore options to minimize probate if desired.

Estate planning refers to the process of arranging and managing your assets and affairs to ensure that your wishes are carried out after your death or incapacitation. It involves making decisions about the distribution of your assets, appointing guardians for minor children, and planning for tax implications. Common components of estate planning include creating a will, establishing Trusts, designating beneficiaries for retirement accounts and insurance policies, and appointing an executor or trustee to manage the estate. Estate planning allows you to protect your assets, minimize taxes, and provide for your loved ones according to your preferences.

Estate planning is an important task that can be done at any stage of life, but it’s generally recommended to start as early as possible. It’s especially crucial when you have dependents, significant assets, or specific wishes for the distribution of your estate. Consulting with an estate planning attorney can help you understand the best time to begin the process based on your individual circumstances and goals.

In Oklahoma, mediation is a process used in family law to assist parties in resolving their disputes outside of court. It involves a neutral third party, called a mediator, who helps facilitate communication and negotiation between the parties. The mediator does not make decisions but instead assists the parties in reaching a mutually acceptable agreement. Mediation can cover various family law matters, such as child custody, child support, parenting plans, property division, and visitation schedules. It is often seen as a less adversarial and more cooperative approach to resolving family law issues.

You can go to mediation any time but usually after the Temporary Order Hearing and prior to Trial.

If you and the opposing party are unable to resolve all the issues at mediation, then the next option is usually a Trial.

No. There is usually a written Mediation Agreement signed and given to all parties before they leave the mediation. The attorneys then draft a Final Order based on the Mediation Agreement. Once this is drafted and signed by all parties, it’s taken to the judge for signature and filing.

Usually, the fees are split between the parties and the fees vary depending on the mediator. However, it is more cost efficient than going to Trial.

I do mediation, but only for cases that I am not personally involved in. If I were representing you through your divorce, I would go with you to mediation with an outside mediator.

As a mediator, I would help you and the opposing party communicate, understand each other’s perspectives, and explore possible solutions. If you and the opposing party are far away from an agreement, I might do different things depending on the situation. For example, I might:

• Ask each party to clarify their interests and needs, and help you both see how they might align or conflict with each other;
• Suggest some alternatives or options that might satisfy both of you, and ask you both to brainstorm some ideas together;
• Encourage you and the opposing party to take a break, reflect, or consult with someone else if you both need more time or support;
• End the mediation session if it becomes clear that there is no possibility of reaching an agreement, or if the mediation is not appropriate or safe for either one of you.

As your attorney, I would advise you on the legal implications of any proposals and protect your rights and best interests. If you and the opposing party are far away from an agreement, I will help you communicate your needs and interests clearly to the mediator and listen to the opposing party’s perspective. I will not pressure you to accept something you’re not comfortable with or give up on your goals.

Regardless of whether I am in the role of a mediator or your family law attorney, I cannot impose a decision on you or force you to agree to anything or sign anything with which you are not comfortable. Mediation is voluntary, and you have the right to end the mediation at any time and walk away if you feel it is not working for you.

You and the opposing party, with the help and advice of your respective attorneys, will determine who the mediator is going to be.

Not if you choose not to. Mediations can be done with you and the opposing party in separate rooms and the mediator going back and forth between rooms.

During family law mediation, you and the opposing party can address some or all of the issues related to your separation, such as child support, parenting arrangements, property division, spousal support, or other matters.

That’s a common question that many people have when they are involved in a dispute. The answer is: it depends. Mediation is a voluntary process unless a judge orders it. Some people prefer to have a lawyer with them to advise them on their legal rights and options, while others feel comfortable negotiating on their own or with the support of a friend or family member. Others prefer to have a lawyer on standby via telephone if they have any questions. There is no right or wrong choice, but there are some factors to consider before deciding whether to hire a lawyer or not.

It can be challenging to reach an agreement when every conversation ends in a fight. However, as a mediator, I use certain strategies to make my mediations more productive and less stressful for you and the opposing party. For example, I usually begin every mediation by advising you and the opposing party to be flexible, be willing to compromise, be open to different options and solutions, and to find a middle ground that works for both of you. Mediation is not a win-lose situation, but a win-win opportunity.

As a family law attorney representing one party, I usually advise my client to focus on the future, and not the past. Blaming the opposing party for what went wrong or bringing up old grievances usually ends in a fight. Instead, I encourage my client to identify both parties’ common goals and interests, and how you can work together to achieve them. It is usually better if you and the opposing party can reach an agreement before leaving the fate of your future in a judge’s hands.

Family law cases can be very emotional and stressful for everyone involved. Mediation can benefit family law cases because it can reduce conflict, and save money and time. It can also help you and the opposing party preserve your relationship and cooperate better in the future, especially if you have children together. Once your case is over, and the attorneys are out of the picture, you and the opposing party still have to communicate and compromise for the best interest of your children. Mediation is a way of resolving disputes without going to court, where a neutral third party, usually a family law attorney or a trained mediator, helps you and the opposing party communicate and find a solution that works for you both. It is usually better if you and the opposing party can reach an agreement before leaving the fate of your future in a judge’s hands.

No, it’s not. Both options can help you and the opposing party resolve conflicts and improve communication, but they have different goals and methods.

Couples counseling:

• can take several sessions over a period of time, depending on you and your partner’s needs and goals;
• is a form of therapy that helps you and your partner explore the root causes of your issues, understand each other’s perspectives, and develop skills to cope with challenges;
• is confidential and voluntary, meaning that you and your partner can choose to participate or not, and that what you and your partner say in therapy cannot be used against either of you in court;
• is more focused on the emotional and psychological aspects of your relationship; and
• is usually done with a licensed therapist who has training and experience in working with couples.

Mediation:

• can be done in one or more sessions, depending on the complexity and urgency of your case;
• is a process that helps you and the opposing party negotiate a fair and mutually acceptable agreement on specific matters, such as divorce, finances, and parenting;
• is confidential and voluntary, but if you and the opposing party reach an agreement, it can be legally binding and enforceable in court;
• is more focused on the practical and legal aspects of your and the opposing party’s situation; and
• is usually done with a neutral third-party who has training and experience in facilitating dialogue and resolving disputes.

Some Judges do require mediation but not all.

They usually take at least a couple of hours but can take all day.

You need to file a Paternity action to give you equal rights to your child. If you have filed a Paternity case and are still not getting equal time, I would need to review your case before giving my professional opinion. Please free feel to give me a call as I would be happy to review your case.

If you already have established paternity, it means that you have a legal relationship with your child and you have certain rights and responsibilities as a parent. A paternity case is a way to establish paternity if you are not married to the child’s mother or if there is any doubt about who the father is. A paternity case can also help you get child support, custody, visitation, or other benefits for your child.

This is a common question that dads ask when they are going through a divorce or separation. The answer is yes, fathers can get legal decision-making and parenting time, but it depends on several factors including, but not limited to, the ability and willingness of each parent to cooperate and communicate, the best interests of the child, the current and past involvement of each parent, and the presence of any domestic violence or abuse.

However, every case is different and there may be other factors that apply to your situation. Therefore, it is important to consult with a lawyer who can advise you on your legal options and rights as a father.

If you want to modify an existing Order for custody, visitation, or support, you need to file a motion to modify in the same court that issued the original Order. A motion is a legal document that asks the judge to change something in the Order. Think of it as a written request that explains why you want to change the Order and what changes you are asking for.

A motion to modify is a legal document that asks the court to change an existing Order related to family law matters, such as alimony or spousal support, child custody, child support, or visitation. It is usually filed when there has been a significant change in circumstances since the original Order was issued, such as a health issue, a job loss, a relocation, or a remarriage. A motion to modify can be filed by either party to the case if there is a substantial change in circumstances that affects the best interests of the child or the financial situation of the parties. It must specify the reasons for the requested change and provide evidence to support the claim. A motion to modify must be filed with the court that issued the original Order and served on the opposing party. The court will then schedule a hearing to decide whether to grant or deny the motion. The opposing party can file a response to oppose or agree with the motion. A motion to modify is a way to adapt to the changing needs and realities of families after a divorce or separation.

You can file a motion to modify when there has been a significant change in circumstances since the original Order was issued, such as a change in the child’s needs or preferences, a relocation of one of the parties or the child, a significant increase or decrease in income or expenses, or a violation of the current Order by one of the parties.

A motion to modify must be served on you and/or your attorney. You typically have fifteen (15) to twenty (20) calendar days to file your response with the court.

Possibly. You may need to modify your Order to address what visitation with the opposing party and the children is going to look like. If your moving out of state will not affect visitation or cause any other issues in your situation, then a Motion to Modify may not be necessary.

Possibly, but typically, to modify an Order, you need to do it in the same court that issued the original Order. There are situations where you can file a motion to modify in another state, but other factors have to be considered. For instance, where does the opposing party live? Also, attempting to modify an Order in another state will more than likely require another action to be filed, i.e., transferring the case to your new location.

If you are having trouble collecting child support from the opposing party, you may be able to modify your Order. A modification is a legal process that allows you to change the terms of the original Order, such as the amount or frequency of the child support payments. You can also file an Application for Contempt.

If you believe that your child support obligation is too high and does not reflect your current income or the needs of your child, you may have the option to file a motion to modify child support. This is a legal document that asks the court to review your case and issue a new Order based on the current circumstances. However, before you file a motion to modify, you should consider some factors that may affect the outcome, such as the agreement of the other parent, the best interests of your child, and the change in your income or expenses.

Filing a motion to modify may involve fees, paperwork, and hearings. It does not guarantee that your child support will be lowered. It is a complex and often lengthy process that requires documentation, evidence, and legal representation. Before you file a motion, you should consult with a family law attorney who can advise you on the best course of action, and the likelihood of success. Please feel free to call (405) 724-2525 to schedule an initial consultation with me.

The answer depends on several factors, such as how far away you are moving, how much notice you give the other parent, and whether the other parent agrees to the move. In some cases, you may need to file a motion to modify your current custody and visitation Order with the court to change your visitation plan and get approval for the relocation. A motion to modify is a legal document that asks the court to change the existing Order based on a substantial change in circumstances. You will need to explain why the move is necessary and how it will benefit your child. You will also need to propose a new visitation schedule that accommodates the distance and travel costs. The other parent can agree or object to your motion, and the court will decide what is in the best interest of your child. Moving away can significantly affect the best interests of your child and the rights and ability of the other parent to maintain a meaningful relationship with them. This can be a complicated and stressful process, so you should consult with a family law attorney before you make any decisions to file a Motion to Modify to understand your obligations and legal options. Please feel free to call (405) 724-2525 to schedule an initial consultation with me.

This is a common question for parents who are going through a divorce or a custody dispute. The answer depends on several factors, such as the child’s maturity, the parents’ agreement, and the judge’s discretion. According to Oklahoma child custody laws, children who are twelve (12) years old or older can express their preference to the court, and the judge will give it some weight. However, this does not mean that the child can choose where to live without any regard for the parents’ wishes or the best interests of the child. The judge will still consider other factors, such as the child’s relationship with each parent, the stability of each home, and the child’s physical and emotional needs. Younger children may also have a say in their custody arrangement, but their preference will have less influence on the judge’s decision.

A motion to modify does not automatically put you back in the courtroom. It also does not guarantee that you will get what you want. A motion to modify can be filed by either party, or by both parties jointly, if they agree on the changes. If they do not agree with the changes, it may put you back in the courtroom, where you will have to present evidence and arguments to explain why the modification is necessary and in the best interest of the parties involved. The other party will also have a chance to respond and present their arguments. Alternatively, the court may refer you to mediation to try to resolve the issue without a hearing. If you and the other party reach an agreement, you can submit it to the court for approval. If you do not reach an agreement, or if the court does not approve your agreement, you will have to go back to the courtroom for a hearing. The judge will decide whether to grant or deny your motion based on the evidence and arguments of both parties. Depending on the complexity of the case and the availability of the court, a hearing on a motion to modify may take several weeks or months to schedule. This can be stressful, costly, and time-consuming, especially if the other party opposes your motion. Therefore, before you file a Motion to Modify, you should consult with an experienced family law attorney who can advise you on the best course of action for your situation. Please feel free to call (405) 724-2525 to schedule an initial consultation with me.

This is a tricky question that depends on your situation. Generally speaking, child support and visitation are separate issues, and you cannot withhold one because of the other. If the opposing party is not paying child support, you should contact the Department of Human Services (DHS) Child Support Enforcement or a family law attorney and ask for help. If you refuse to do child exchanges, you could be in violation of the custody order and face legal consequences. You should also consider the impact on your child, who may want to see both parents and maintain a relationship with them. Unless there is a safety concern or a court order that says otherwise, you should try to cooperate with the opposing party and follow the visitation schedule as much as possible.