Divorce

Can You Move Away With Your Child If You Think Your Ex-Wife Is a Bad Influence? This is a tricky question, and the answer depends on several provisions under 43 O.S. §112. If you are the custodial parent, you may be allowed to relocate with your child–but only if the move is made in good faith and the other parent cannot prove that the move is not in the child’s best interest. However, if you do not have custody or are not the primary joint custodian, you cannot relocate with the child. In that case, it would be your ex-wife’s decision whether to move, not yours.

You may have discovered that your divorce decree includes several pages about relocating with your child—and you don’t remember negotiating or agreeing to any of it. So, what is it? In every custody order or divorce decree, there is supposed to be a notice to the parties outlining what must be done if a parent plans to relocate with the child. This requirement comes from 43 O.S. § 112 of the Oklahoma Statutes. Under this law, the custodial parent—or the primary custodial parent in a joint custody arrangement—must follow specific procedures if they plan to relocate the child more than 75 miles away for 60 days or more.

Attorney Clint Hastings discusses the impact of high income and high expenses on alimony payments. While the court considers both parties’ financial situations, the focus here is on the income-expense gap for the payer. Your attorney will argue for the inclusion of reasonable expenses in the alimony decision, such as mortgage, debts, and other obligations. The goal is to demonstrate what is fair and just in the circumstances. For more information on family law matters or to schedule a consultation, visit the website or contact the office.

When owing money to a spouse in a divorce, can you use your 401(k) to pay it off? Yes, extra funds from your 401(k) can be rolled over to her through a Qualified Domestic Relations Order (QDRO) if you both agree. The funds can go into her retirement account, but she would be responsible for taxes and penalties if withdrawn early. To avoid the penalty, you can add an extra 10% to cover it. Alternatively, you could choose to pay her in cash but absorb the tax consequences yourself. In cases where cash is not readily available but 401(k) funds exist, a QDRO can be a strategic way to satisfy debts in the divorce settlement.

Attorney Clint Hastings clarifies common misconceptions about divorce and retirement accounts. When it comes to splitting assets, the division typically stops at the date of separation, not the date of divorce. However, the ex-spouse may be entitled to any gains or losses on their portion of the account from the marriage up to the separation date. This means that even if you’ve been separated for years, she could be entitled to her share of any growth or losses on the account during that time. Don’t let misconceptions about asset division affect your divorce settlement. Get in touch for a consultation.

In another video, Tulsa Dads.Law attorney Clint Hastings discussed how QDROs work, specifically focusing on tax penalties when dividing a 401(k) during divorce. The short answer is: No tax penalty for dividing the account through a QDRO. The division carves out a portion for the spouse, creating separate accounts under the same plan. Withdrawals post-division by the spouse may incur taxes and penalties. Alternatively, cash payments from the 401(k) can be made, but these typically trigger penalties. The recommended approach is to use a QDRO to divide the account efficiently and avoid penalties altogether. Contact Clint Hastings for more information.

Attorney Clint Hastings explains how retirement division works in a divorce and the importance of a Qualified Domestic Relations Order. Hastings simplifies the process and addresses common concerns about the division of retirement accounts during a divorce. He advises individuals to seek legal guidance to ensure a fair and accurate division of retirement assets. Contact Hastings for a consultation at (918) 962-0900 to discuss your specific situation and receive expert advice on navigating the complexities of retirement division in divorce proceedings.

Clint Hastings, a fathers’ rights attorney in Tulsa, Oklahoma, addresses the common question of whether one can serve divorce paperwork to their spouse personally. The answer is yes, with the spouse needing to sign a specific form to acknowledge receipt. By handling the service themselves, individuals can save on the cost of hiring a process server, although it may not be the best option in all cases. Factors to consider include the nature of the relationship and whether it would be more amicable to receive the paperwork directly. However, caution is advised in cases involving domestic violence or volatility.

Attorney Clint Hastings discusses the question of whether to inform a spouse about upcoming divorce papers. Some couples openly discuss divorce before filing, making it easy to give a heads-up. However, serving papers can lead to raw emotions, making communication tricky. Warning your spouse might be beneficial, but surprising them with a process server could be an option. Serving papers in public places is generally not recommended as it can lead to bitter outcomes. These decisions are crucial, and seeking legal guidance is advisable to navigate through them effectively. If you have questions, contact the attorney’s office for a consultation.

In previous videos, we’ve discussed different issues regarding serving divorce paperwork to your spouse. In this video, we’ll cover the scenario where you cannot locate your spouse, despite reasonable efforts. Let’s say the process server has tried multiple times to find them. They may have done what’s called a skip trace or searched databases to locate your spouse. This situation usually comes up when the parties have been separated for quite some time. If your spouse doesn’t respond, you can request a default order in your favor. However, these default orders can sometimes be vacated if your spouse later appears in court.

Attorney Clint Hastings explains the concept of drop service, a method used when serving legal paperwork becomes difficult. In Oklahoma, drop service is considered a reasonable means of serving the papers if done correctly. The process server must document the incident in an affidavit, ensuring that the person was aware of the dropped paperwork. Various scenarios, from dropping papers in front of someone to throwing them at a moving car, are discussed to differentiate what constitutes valid drop service. Stay tuned for more insights on serving legal documents when dealing with elusive spouses.

What do you do if your spouse is dodging the process server? Tulsa Dads.Law attorney Clint Hastings sheds light on this common issue in divorce cases. When a spouse actively avoids being served divorce papers, it can complicate the legal process. From running out the back door to avoiding the doorbell altogether, the lengths some go to avoid service can be surprising. Learn from Clint Hastings how to handle this situation. Stay tuned for more tips on drop service in the next video.

How will your spouse get served the divorce papers? Hi, I′m attorney Clint Hastings. I focus on father′s rights here in Tulsa, Oklahoma. And this is a question I get quite a bit, surprisingly. I′d say one out of every five to ten clients wants to know exactly how their spouse is going to be served with the paperwork. Now, this can be for several reasons, and I′m going to go into some basics here. And then we′re going to talk about actual legal requirements under the statutes of service in a couple of other follow-up videos. So, first of all, you file the divorce paperwork. We file it. We get the summons and the petition for divorce and often an application for what′s called temporary orders. And we need to get those to your spouse. How do we do it? We usually do it by a process server. You can also do it by hiring the sheriff′s office, paying a fee, and they will serve your spouse with the paperwork. However, you can do it different ways. One is by certified mail, another is by publication in a paper, if you can′t find them. And we′ll get into that in another couple of videos. But people sometimes overlook this issue, and it can be important in a volatile relationship or split, especially if one party is trying to escape domestic violence. In other words, they don′t want the paperwork to be served on the other′s spouse, and when they′re in a position where they haven′t left the home yet or there′s not some other kind of order in place protecting them from that person, such as a protective order. In the next few videos, I′m going to talk about how service is done and more about how to utilize service, what′s the best way to go about it when you have some of these issues. Thanks for watching. Look over the site. Let us know if you have similar questions, and we will try to answer those for you. Feel free to give us a phone call for a consultation any time. Thanks.

Tulsa dads divorce attorney Clint Hastings focuses on father’s rights and explains the rules on traveling with a child after divorce. The automatic temporary injunction issued by statute prohibits hiding or secreting the child, and traveling outside the state without written consent for two weeks or more. Written consent cannot be unreasonably withheld, but violating the orders can lead to contempt actions, fines, and attorney fees. Canceling previously planned trips may be necessary if consent is withheld. It’s crucial to follow the rules set in place by statute to avoid legal complications during divorce proceedings. Contact Tulsa Dads.Law for further consultation.

In this video, Tulsa Dads.Law attorney Clint Hastings discusses how student loans are divided in a divorce when both spouses benefited from one partner obtaining a degree. He explains the complexities of determining responsibility for student loan debt, especially in cases where the earning capacity of one spouse was increased as a result of the degree. Hastings emphasizes the importance of having clear agreements in place before divorce proceedings to avoid potential disputes over debt division. If you have questions about this topic, be sure to reach out for more information or stay tuned for a possible part three of this video series.

In this blog post, Tulsa father’s rights attorney Clint Hastings discusses the complex issue of student loans in divorce cases. He explains that the division of student loan debt can vary depending on the circumstances of each case. Hastings points out that if the loan was used for living expenses for both parties, it may be considered marital debt and split equitably between the spouses. However, if one party took out the loan specifically for their education, the other party may not be responsible for any portion of the debt. Clint Hastings promises to delve further into this topic in his next video, offering more insights on how student loans are divided in divorce proceedings.

Are you going through a divorce and feeling overwhelmed by the financial aspect of it all? Consider the option of lump sum negotiations. By offering a lump sum now instead of a drawn-out payment plan, you may be able to save a significant amount of money in the long run. This strategy can be applied to various aspects of divorce, such as alimony, retirement division, and property division. By providing a bird in the hand now, you may be able to secure a better deal in the present moment. If you have any questions about lump sum negotiations, feel free to reach out to me, attorney Clint Hastings, specializing in father’s rights here in Tulsa, Oklahoma. Let’s work together to find the best solution for your unique situation.

The most important part of mediation in a custody process is the physical act of sitting down and negotiating with the other party. In many cases, mediators can help facilitate these discussions and offer suggestions based on their experience. By coming together in a neutral location, both parties can quickly address issues, make offers, and come to compromises in real time. This can save time, effort, and money compared to drawn-out negotiations through attorneys. By actively participating in mediation, you can reach agreements on important issues and avoid the need for a costly and time-consuming trial. Mediation is a valuable tool in the custody process that should not be overlooked.

In this latest video, attorney Clint Hastings dives into the common question of whether individuals should be worried if they have been served with a subpoena. With his expertise in father’s rights law, Clint provides valuable insight into the subpoena process and how individuals should handle these legal documents. He discusses the importance of seeking legal advice if you have concerns about the information being requested and how an attorney can help navigate the situation. Clint also highlights instances where filing a motion to quash a subpoena may be appropriate. Overall, Clint’s advice is clear – don’t panic if you receive a subpoena. Just reach out for guidance and support.