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.

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.

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.”

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.

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—”

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.

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.

It’s very important not to alter evidence—emails, photos, documents, electronic communications, or anything else—before using them at trial. Often clients bring me copies of emails, photos, text messages, or phone records, but they’ve circled things, written notes in the margins, or highlighted passages. Evidence must be presented exactly as it was originally received or sent. Best Practice: If you need to highlight or circle something, make a separate copy for your notes. Keep your originals clean. If you need to take notes, do it on a copy. That way, your attorney can present admissible evidence that the judge can rely on.

Over the years, thousands of text messages have been used in trials and depositions, making the process of gathering, reviewing, and organizing them time-consuming. Proper preparation is essential to ensure the persuasive impact of selected messages during trial. The most important step is taking clear screenshots that include key identifying information such as the contact name or phone number, date and time of the message, and clear sequences of each new message. Without proper authentication and identifying details, the opposing party can object to the text’s admissibility, risking its exclusion from evidence. Properly preparing texts can save time and money, ensuring readiness for trial.

So your divorce has been sitting without finalization for a long time—maybe even a couple of years. You’ve moved on with your life. Do you still need to worry about the automatic temporary injunction (ATI)? The answer is yes. The ATI remains in effect until the final decree is entered. That means you can’t just sell property without addressing it. The safe route is to either get an order from the court allowing the sale, or have both parties sign a waiver of the ATI for that specific transaction.

So your wife drained the joint accounts right before filing for divorce. What do you do? Does she get in trouble? Is it legal? This happens all the time—by men and women. It’s a natural reaction when divorce is looming: people get paranoid, they want to protect assets, and sometimes they try to beat the other person to the punch. Here’s the key: the automatic temporary injunction (ATI) does not take effect until the divorce is filed. That means if she withdrew the money before filing, she technically hasn’t violated the ATI. So she won’t be held in contempt just for draining the accounts.

Selling property after a divorce is filed can create complications due to the automatic temporary injunction (ATI). This document outlines restrictions, including selling marital property without court approval. If you’ve already sold property, notify your spouse or her attorney, and account for the sale details. The court may adjust asset division or order immediate reimbursement. Contempt charges depend on intent, so proving it was unintentional could help. It’s best to address the issue promptly, communicate with all parties involved, and seek legal guidance to resolve the situation before it escalates.

Can I Sell Stocks From My Brokerage Account After Filing for Divorce Without Violating the Automatic Temporary Injunction?

This comes up often, especially when the stock market fluctuates. You may want to sell stock to prevent losses, or maybe you’ve picked a winner and want to take profits. People with day trading accounts also wonder how the automatic temporary injunction (ATI) affects them. First, you cannot hide transactions or move money in secret—that would clearly be a violation. Spending profits or withdrawing funds from the brokerage account could also violate the injunction. You must account for any transactions that take place.

An automatic temporary injunction (ATI) in divorce cases prohibits either party from canceling auto insurance policies. The law prohibits canceling, altering, or affecting insurance policies covering the parties or their property. Allowing auto insurance to expire may still be considered affecting it, so it’s best to notify the other party. Letting it expire could be seen as unreasonable or a violation of the ATI. If you can’t afford the insurance, file a motion with the court. Don’t risk being found in contempt or raising concerns about the best interest of the children. Always consult with your attorney before making decisions.

When going through a divorce, it’s important to understand how separate checking accounts are treated under the automatic temporary injunction. This statute aims to protect marital assets, including funds in both joint and separate accounts. Even if the account is in one person’s name, there could still be a risk of it being considered marital property. It’s crucial to keep detailed records of expenditures and consult with an attorney on how to handle the account during the divorce process. By being proactive and informed, individuals can navigate the complexities of dividing assets in a divorce more effectively.

Automatic temporary injunctions in divorce can complicate financial matters, but can you still get a new credit card? The answer depends on various factors, such as where the funds for payments come from and how they are viewed in court. It’s crucial to understand the implications of opening a new credit line during divorce proceedings to avoid potential complications down the road. By being mindful of financial decisions and seeking advice from a legal professional, individuals can navigate these challenges successfully. If you have questions about financial actions during divorce, consult with an attorney for personalized guidance.

Emotions run high in divorce filings, leading to impulsive financial decisions. Shutting off automatic bill payments may seem like a way to protect finances post-split, but it could be a violation of the automatic temporary injunction in Oklahoma. Judges view cutting off essential services like utilities as unreasonable and retaliatory, especially if children are involved. It’s best to keep up with automatic payments until a court addresses the issue during a temporary order hearing. Seeking legal advice before making any changes is advisable, as taking matters into your own hands could backfire in court. When unsure, it’s safest to maintain the status quo.

Learn about the legality of deleting text messages during divorce proceedings in Oklahoma from attorney Clint Hastings. Once a divorce is filed, an automatic temporary injunction (ATI) goes into effect, prohibiting destruction of electronic evidence, including text messages. Going against this rule could result in sanctions from the judge. While your spouse may request relevant texts, courts usually won’t allow invasive or irrelevant ones. Deleted messages can still be recovered, but forensic review can be costly. It’s best to work with your attorney and let the discovery process determine what evidence should be shared. Contact Tulsa Dads.Law for family law guidance.

The key question: Can a spouse repay a debt to their father from a joint account after filing for divorce? Attorney Clint Hastings explains the complexities involved in such a scenario. From determining the legitimacy of the debt to navigating the automatic temporary injunction’s restrictions on transferring marital assets, there are crucial legal considerations at play. While there may be exceptions for certain expenditures, the safest bet is to refrain from making such payments until the divorce settlement. Ultimately, the court may address any financial imbalances caused by these actions during the property division process.

In Oklahoma, once a divorce or legal separation is filed, an automatic temporary injunction takes effect under statute. This injunction sets rules for what you cannot do after filing. It takes effect against the filer immediately, and against the respondent once they’re served with paperwork. You should receive a copy with your divorce papers, but even if it’s missing, it still applies. The statute is 43 OS §110 if you want to look it up. The injunction prohibits things like hiding or transferring money, spending money outside normal living expenses, selling or disposing of property, canceling insurance policies, and disturbing the peace of the other party. It also governs certain actions related to children.