Oklahoma Fathers Rights
Dads' Rights: Why You MUST Enforce Visitation and Not Back Down
Clint Hastings offers advice on what to do when mom withholds children in violation of court-ordered visitation. Filing a motion to enforce visitation can lead to remedies such as makeup visitation, posting a bond for compliance, mediation, or even modification of visitation in your favor. Taking action against violations shows the court you are serious about parenting time and could lead to a custody modification. It's essential to consistently enforce visitation rights to protect your relationship with your children. Don't hesitate to seek legal help if you are experiencing visitation issues. Read more »
Oklahoma Grounds for Divorce: Listing All the Statutory Reasons
Today's discussion revolves around the significance of grounds for divorce in Oklahoma. Despite being a no-fault divorce state, certain exceptions exist where grounds can impact property division, alimony, and child custody. Misconduct like dissipation of assets due to affairs or addictions may influence court decisions in these matters. However, in most cases, grounds such as abandonment, adultery, or extreme cruelty do not heavily influence divorce proceedings. The common plea for irreconcilable incompatibility usually suffices for divorces, simply serving as the legal reason for the granted divorce. Read more »
The Two Rules for Annulment by Fraud: Proof and Timing
What can you do if your wife lied to you to get you to marry her? If you can show that fraud was committed, the marriage can be considered voidable at your option. You would need to file for an annulment and explain to the judge that you believe the marriage should be declared void because you relied on a false statement made by your wife. The challenge comes if she denies it, but sometimes the facts themselves are compelling enough for the judge to see that the deception was significant. Timing also matters, so be sure to act swiftly if you discover the lie. Read more »
Void vs. Voidable: Understanding the Two Classes of Invalid Marriages
Today's discussion focuses on the nuances between void and voidable marriages. While void marriages are never legally valid from the start, voidable marriages are initially valid but can be undone by the court if the wronged party requests it. For instance, a voidable marriage may result from fraud, such as a false pregnancy claim. It's crucial to take action promptly in such cases. Delaying may complicate the process and reduce your chances of obtaining an annulment. To explore whether your situation qualifies for an annulment, consult with your attorney. Remember, time is of the essence in seeking this legal remedy. Read more »
Act Fast: The Key Deadline for Annulment Due to Marital Fraud
Today's follow-up video delves into the grounds for annulment in Oklahoma. One common query is whether a marriage can be annulled if it was based on a false claim of pregnancy. This falls under voidable marriage, which isn't automatically invalid. However, if you find out right away and take legal action, the court may grant an annulment. Yet, it's crucial to prove the fraud influenced your decision to marry. If you delay the action, the court may assume you waived the right. Understanding the specifics can impact the outcome. Consult with us to assess your situation and chart the best path forward. Read more »
Fathers' Rights: When to Seek an Annulment Instead of a Divorce
Today's topic dives into the legal distinctions between annulment and divorce, shedding light on common misconceptions surrounding these two forms of marital dissolution. An annulment invalidates a marriage, while a divorce terminates a valid union. Specific circumstances warrant annulment, such as fraud or undisclosed prior marriages. In some instances, consanguinity or underage marriage may also qualify. If you suspect that these grounds apply to your situation, seek legal advice to explore the possibility of annulment. Understanding these nuances can empower individuals navigating complex marital issues to make informed decisions about their legal rights and responsibilities. Read more »
How is Self-Employment Income Calculated for Child Support & Alimony?
An issue that comes up a lot and leads to many questions is how self-employment income is treated, especially when calculating child support or alimony. For child support, this is defined by statute, which clearly lays out what counts as income. According to the law, income from self-employment includes—but is not limited to—earnings from business operations, independent contracting or consulting, sales of goods or services, and rental properties. From that total, the court allows you to deduct ordinary and reasonable expenses necessary to produce such income. Read more »
Don't Overlook This! Debt Payments Can Reduce Your Child Support Obligation
An important factor that attorneys often overlook in child support calculations is including debt payments. If you are ordered to pay certain marital debts, those payments can be factored into the support calculation, potentially reducing the total amount you owe. While it's not a dollar-for-dollar credit, listing the monthly debt payments in the child support order can lower your base income used in the formula. This detail can make a significant difference, especially if you have a substantial amount of marital debt. Make sure to discuss this with your attorney to ensure it is addressed in your case. Explore the site for more information and contact them for a consultation. Read more »
I Lost My Job: The ONE Thing You MUST Do Immediately to Stop Alimony/Child Support
Learn what to do if you've lost your job and still owe alimony and child support. Filing a motion with the court is crucial. Understand the process of modifying your payments and the importance of notifying the court of your change in circumstances. Your explanation for losing your job will play a significant role in the final decision. Make sure to provide a credible reason to avoid any negative outcomes. Review the details of your situation carefully before proceeding. Contact a legal professional for more guidance and assistance on handling your case. Read more »
Does My Ex-Wife's New Boyfriend's Money Count as Her Income?
In this blog post, the speaker delves into whether a wife's new boyfriend's money counts as her income. The discussion covers how this scenario may impact alimony and child support payments in divorce cases. The general answer is that the boyfriend's income likely won't affect these financial obligations, but it ultimately depends on the specific circumstances of each individual case. The speaker also touches on how gifts from the boyfriend could potentially be considered income, but the difficulty in proving and establishing this on a consistent basis. The post concludes by emphasizing the importance of analyzing the facts and financial support patterns in each unique case. Read more »
My Ex Violated the ATI: Your Lawyer's Strategy to Stop Property Interference
Clint Hastings, a Tulsa Dads.Law attorney, delves into the topic of Automatic Temporary Injunctions, or ATIs. He explains how these court-ordered mandates outline what can and cannot be done during divorce proceedings. While technically enforceable by police, in reality, law enforcement often considers these matters as civil and refer them back to the court. Clint advises clients to seek legal remedies, such as filing for contempt, to address violations of ATIs effectively. By providing insights and guidance on navigating legal issues, Clint offers valuable assistance to individuals facing challenges in family law matters. Read more »
STOP Property Destruction: Using a Temporary Restraining Order (TRO) in Divorce
In today's video, the speaker discusses temporary restraining orders under Title 43, Section 110. These orders are different from protective orders or emergency custody orders, as they are typically used in property matters during the early stages of a divorce. The goal of a temporary restraining order is to prevent property from being destroyed or lost before the court can intervene. Although not commonly used, these orders can be valuable tools in certain situations. Legislation is being considered to expedite the process of getting temporary orders in front of the court sooner. The speaker encourages viewers to reach out with any questions or concerns. Read more »
Don't Say NO: A Divorce Strategy for Responding to Your Ex's Offers
Should you forcefully say no to your wife’s offers, counteroffers, or requests — or should you do this instead? Hi, I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on father’s rights, and this is my 25th year of practice. What I’m getting at here is a strategy about how you respond to things — and whether you might be shooting yourself in the foot by doing the exact opposite of what you should be doing. Here’s the scenario: Let’s say your wife says, “Hey, I want you to agree to take the kids to school every Wednesday because I can’t, due to my work schedule.” Read more »
The Power of Percentages: Maximizing Your Offer in Divorce Negotiations
Learn how to leverage the power of percentages in your divorce negotiations to your advantage. Attorney Clint Hastings explains how presenting offers in terms of percentages can influence how your spouse views the division of assets, money, and property. By framing your proposal in a way that resonates with your spouse's mindset, you can potentially reach a more favorable agreement. Consider the impact of just a few percentage points, as a small difference can result in significant savings in attorney's fees. Understand the psychology behind percentages in negotiation and use it strategically to achieve better outcomes in your divorce proceedings. Read more »
Never Bluff the Judge: Why Your Drug Test Lie Will Fail
Here are a few of the worst drug test failures I’ve seen—and why you should never bluff the court about your drug use. I’m Tulsa Dads.Law attorney Clint Hastings. I practice here in Tulsa, Oklahoma. I focus on fathers’ rights, and I’ve been practicing for 25 years. Over the years, I’ve seen a lot of court hearings over drug testing. What usually happens is one side will ask for a drug test of the other side—or both, as mutual tests. And for whatever reason, the client insists they’ll “absolutely, positively” pass the test. Read more »
Who Tells the Story? The Trial Strategy That Wins Protective Orders
A big mistake often seen in the legal field, knowing who should tell the story at trial can be a game-changer. Despite not being a secret, this crucial strategy may not be commonly practiced. The key lies in controlling the narrative through cross-examination of the opposing party, crafting questions to lead the witness towards confirming your version of events. Utilizing contradictions to highlight inconsistencies can strengthen your case. It's essential to have an experienced attorney who understands how to effectively present your story in court, using the opposing side's testimony to your advantage. Read more »
The Fatal Mistake Lawyers Make That Can Destroy Your Case
Lawyers often let witnesses or the opposing party testify about things they don’t actually know, which can be detrimental to a case. This mistake can lead to damaging statements being made in court, even if they are later refuted. It’s crucial for a lawyer to object and halt such testimony, citing a lack of personal knowledge. By stopping the improper testimony early on, the lawyer can prevent harmful information from tainting the case. It’s vital to have an attorney who understands how to handle these situations effectively during trial to protect their client’s rights and case outcome. Read more »
Don't Be Evasive: How to Maintain Credibility on the Witness Stand
At trial, you will take the stand, or the opposing party will, and this happens all the time. You ask questions, and they don’t want to give a straight answer. They dodge, change the subject, or add unnecessary information instead of answering what was asked. For example, I might ask, “Ma’am, you went there on May 25th, right?” She says, “Yeah, and I went in the store because I was looking for something on sale. I didn’t even know he was there. Then I saw my friend, made a call, and realized he was there, so I walked around—” Read more »
Did You Break the Pattern? Why Hidden Texts Destroy Your Credibility
Bright lede: Communication patterns can make or break a legal case. Summary: In this video, the speaker discusses the importance of providing complete and accurate information to your attorney when building a case based on text message evidence. A single message that contradicts a pattern of behavior can weaken your credibility and potentially harm your case. It is crucial to be transparent with your attorney to ensure the best possible outcome in legal proceedings related to family law matters. Read more »
Your Text Messages Don't Say What You Think They Say in Court
Many Text Messages Don’t Say What You Think They Say at Trial People often believe that text messages contain clear evidence to support their case. However, upon closer inspection, the actual messages may not convey the intended meaning as clearly as assumed. Judges, as objective third parties, may interpret messages differently due to the informal nature of communication through text. It is essential to remember that shortened, casual, and imprecise language can lead to misunderstandings. Before jumping to conclusions based on text messages, it is advisable to seek guidance from an attorney to determine the true implications of the content. Read more »
