Divorce

Reaching out to a mutual friend in hopes of reconciling after a protective order has been issued is a dangerous idea. It can result in violating the protective order and further legal consequences. The best course of action is to seek legal representation to navigate the situation effectively and lawfully. The attorney can potentially initiate communication with the other party’s attorney during the legal process. Directly contacting the individual through back channels is not advisable and can be interpreted as harassment. It’s crucial to respect the legal boundaries and handle the situation with care and caution.

When faced with a situation where your partner has obtained an emergency protective order against you, and you feel the need to retaliate by filing one against them, it’s crucial to carefully assess the facts before taking any action. Filing a protective order can be a complex decision, as it may backfire if not supported by substantial evidence. Consulting with an experienced attorney who can evaluate your circumstances and provide guidance on the best course of action is essential to avoid potential negative consequences. This excerpt offers valuable insights on navigating protective order matters effectively and responsibly.

So, you got an emergency protective order against your wife or girlfriend, but she hasn’t been served with it yet. She violates it, but you know she’s aware of the order because she mentions it in a text message or phone call. Does that count as a violation? This comes up a lot, and Clint Hastings, a Tulsa protective order defense attorney, sheds light on the situation. Even though you may have actual notice of the order, it is not a violation until you’re formally served. However, knowingly ignoring the order can have serious consequences in the long run. It’s best to avoid any contact to prevent further complications.

When dealing with custody issues involving protective orders, it is crucial to understand the allegations made in those orders. Failure to investigate can lead to ongoing danger for your children. Even if a protective order has been dropped, the underlying issue may still exist. Parents should not assume that the problem has been resolved. It is important to go to the courthouse, obtain copies of the petitions, and see the allegations for yourself. By taking proactive steps to understand the situation, you can better protect your children and make informed decisions in custody or modification cases.

Nesting in a divorce and custody case can be a unique solution, but it comes with its own set of challenges. While some families find success with this arrangement, it requires strong communication and cooperation between parents. Factors like shared expenses, child support adjustments, and potential conflicts in the household need to be considered. Ultimately, nesting may work best in cases where both parents have a good relationship and are able to work together effectively. However, in high-conflict divorces, this arrangement may not be sustainable long-term. For more information on nesting or other custody and divorce issues, seeking legal advice is recommended.

Facing the aftermath of a divorce can be financially turbulent, especially when determining who gets to keep the house. Refinancing at higher interest rates may be necessary to remove a former spouse from the promissory note. Even though the law doesn’t assign fault in Oklahoma divorces, the court’s goal is to fairly divide property and debts. However, keeping the house with her name remaining on the note could impact her credit and financial responsibilities. While selling the house might seem like a solution, it could result in being without a home. Working with a knowledgeable attorney to navigate these challenges is crucial for a smoother transition.

So, you’re getting divorced, and your wife’s name is not on the deed, the promissory note, or the mortgage. Can she force you to sell the home in the divorce?

Unfortunately, it’s not that simple. Even if your name is the only one on the deed, promissory note, and mortgage, the court can still treat the house as a marital asset because once you marry and make the residence your marital home, it becomes subject to division.

Often, a wife may have contributed significantly to mortgage payments or home improvements, or even added “sweat equity” by putting time and effort into upgrades.

People often get confused because we commonly refer to home payments as mortgage payments. However, a mortgage and a promissory note are two different things. The promissory note with the bank is the actual loan—you’re making payments on that note. The mortgage, on the other hand, is a separate document you (or both you and your spouse) signed to allow the bank to foreclose and force the sale of the property if you default on the loan. We call it a mortgage payment because the loan—the promissory note—is secured by the mortgage. The mortgage gives the lender the right to foreclose, which is why payments on the note are commonly referred to as mortgage payments.

Court can’t order lender to remove names from mortgage or note. Court can order actions like refinancing or selling home. Indemnification may be required. Key point: court can’t force lender to remove names from loan.

A client approached with a decree involving the sale of his home, wondering if he must sell it as is, even at a loss. In many cases, the decree may only state the house is to be sold, leaving important details unanswered. Without provisions for repairs and costs, the risk of losing buyers or accepting reduced prices looms large. Properly drafted orders should address these issues to avoid potential pitfalls. It’s crucial to clarify how repairs and costs will be handled to ensure a smooth home sale process in divorce situations. For any family law matters, seek legal guidance to navigate complex issues effectively.

Divorce can complicate refinancing your home, as lenders often require a finalized divorce decree before allowing the process to proceed. In many cases, the court may provide a 60-90 day window post-divorce for refinancing attempts. Failure to secure refinancing within this timeframe may result in the sale of the property. It is crucial to assess early on whether refinancing is feasible, as delays and requests for extensions are typically disfavored by the court. While alternative arrangements can sometimes be negotiated, the situation can quickly become complex. In such instances, seeking legal counsel may be beneficial for navigating the process effectively.

Lenders typically won’t remove a spouse’s name from a promissory note due to divorce. They want to assess your financial liabilities post-divorce, such as alimony and child support. Usually, refinancing in your name alone is required. Challenges may arise if your credit or income has changed. In rare cases, lenders may remove a spouse’s name without refinancing for borrowers with strong relationships, employment history, high income, and good credit. Some lenders may explore scenarios with you to consider refinancing or removing your spouse’s name. For complex situations, seek legal advice.

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.