Legal Help?

[jpw1906]

Need a little legal help and hoped someone here could help me out. I was married in Texas and I currently still live here. My wife moved back to Oklahoma when we split and now we need to get a divorce. My question is do we do the divorce here or there? Secondly, how difficult of a process is this? Can I do it without an attorney or not? We basically have no substantial assests so there is nothing really to fight over....If anyone has any advice I would appreciate it. This has been very difficult and I just am clueless to this kind of stuff. Thanks in advance for any suggestions!

[panhandler62]

If you were married in Texas and still reside there you can, absolutely, get a divorce there.

I don't know if your estranged wife's residency in Oklahoma makes it possible to get divorced there also as that varies considerably from one state to another. Here, in West Virginia, someone has to have been a resident for a minimum of one year prior to filing.

[jpw1906]

Thanks for the help! Can I do this without using an attorney? I really donot want to have to pay for that. This has cost me enough as it is....Although, I guess the life lesson is worth it...Also, is there anyway to get visitation for my 2 step kids that I have raised the last 4 years? I doubt that can happen but it would be nice. Currently she is not letting me see them at all.:mad:

[SanditeCowboy]

I divorced using a divorce service. It was very reasonable and did not involve an attorney. My wife and I sat down and divided everything up then just gave that information to the service. I then filed and went to see the judge and it was done. This worked great for us because we had as good as a relationship during a divorce you can have.

Good luck.

[Logic5]

but my guess is you are going to need one......especially if kids are involved.
Perhaps you could speak to a divorce atty for little or no charge and see what is ahead of you. Not all attorneys or divorces cost an arm and a leg.
Good luck.

[CowboyJD]

Thanks for the help! Can I do this without using an attorney? I really donot want to have to pay for that. This has cost me enough as it is....Although, I guess the life lesson is worth it...Also, is there anyway to get visitation for my 2 step kids that I have raised the last 4 years? I doubt that can happen but it would be nice. Currently she is not letting me see them at all.:mad:

I THINK the residency requirement for Oklahoma is 6 months. You have basically no chance at court ordered visitation for stepchildren. You can always represent yourself, and document preparation paralegals are an option if there is no contest, little if any assets, and no children of the marriage. Otherwise, my recommendation would be to bite the bullet, get a lawyer, and make sure it's done right.

[jpw1906]

CowboyJD Thanks. It just does not seem right that I have no standing since I have raised and cared for them...But what can you do. I guess I need to start calling attorneys and getting on with it. By the way, what type of law do you do? I may have another question if you do not mind...Thanks to everyone for their suggestions. This is just very tough. Josh

[CowboyJD]

CowboyJD Thanks. It just does not seem right that I have no standing since I have raised and cared for them...But what can you do. I guess I need to start calling attorneys and getting on with it. By the way, what type of law do you do? I may have another question if you do not mind...Thanks to everyone for their suggestions. This is just very tough. Josh

I'm legal counsel for a state law enforcement agency. That involves the practice of a lot of different areas of law.

[jpw1906]

so you are versed in criminal law? Would it be ok for me to PM or email you a question? I do not want to be a bother so if not I understand

[frankeaton]

having just done this, I am not sure what Oklahoma law is but have been told texass is one of the best states for a male to get divorced in. File on her so it stays in texass and make her travel. It is usually a 60/40 split in her favor

[jpw1906]

Thanks- I am definitely filing in Texas after talking to an attorney. The only thing to decide is whether to try to do it without an attorney. Every attorney I have talked to has wanted $1500 for it uncontested. I think I could do it myself since there are no real provable assests she can ask for....

[legelegel]

Thanks- I am definitely filing in Texas after talking to an attorney. The only thing to decide is whether to try to do it without an attorney. Every attorney I have talked to has wanted $1500 for it uncontested. I think I could do it myself since there are no real provable assests she can ask for....

Be careful what you say here. :)

[CowboyJD]

so you are versed in criminal law? Would it be ok for me to PM or email you a question? I do not want to be a bother so if not I understand

Feel free, though I can't guarantee I'll be able to answer your question.....maybe I won't know the answer....maybe it would cause me a conflict.

[jpw1906]

You are right Legel....But it was not meant the way it came out sounding. I just mean we have some cash that we had saved and we have just agreed to split it....I just meant we no real property or anything of that sort.

[bigbadbob]

I have made more money in the past two years fixing uncontested, pro se (unrepresented) divorces than it would have cost the people to just hire me to begin with. Now, most of the mistakes have to do with property division and/or child custody/visitation/child support issues.

I charge $519 to do an uncontested divorce in Garfield County, which includes the filing fee of $169. I would be surprised if you keep calling around you couldn't get it done for a reasonable fee. If you live in a major metro area, it may be a little more expensive because the court dockets take longer.

Residency is 6 months in OK for a party to file here, AND, if there are children there are jurisdictional issues if the non-resident parent has never been here.

And as for document "preparers" or "typists", most are a scam. They are people who may not have even graduated high school or college and routinely try to give legal advice, a lot of which is incorrect. As far as I know, as long as these preparers don't appear in court, it is not illegal in OK to do this.

You may also be able to talk a young lawyer into reviewing your paperwork for his hourly fee. Thats the route I would try.

[kruxter]

Texas is a community property state so the asset split should be 50-50 not 60-40. I would definitely file in TX before she files on you in OK. And be careful, I don't know if OK law would allow her to go after child support or not. Seems I have heard of this happening on step-kids before (although it is probably very rare).

[AnniePokely]

If she did go after child support, on the step children, wouldn't he then be able to seek visitation?

[jakeman]

If she did go after child support, on the step children, wouldn't he then be able to seek visitation?


I would say yes, but it's hard to say what a Judge would do. Just from a common sense point of view I'd say if you were financially responsible then you would get at least some visitation.

[CowboyJD]

There's no chance of either happening....court ordered child support or visitation for stepchildren. The only way that would happen would be if there had been an adoption or there was an agreement between the parties for visitation/child support. Even with an agreement, it's likely the court would not order it.

Under the law, the step parent has no legal rights or responsibilities for his/her stepchildren. There is a biological still in the picture with those rights/responsibilities.

[JonforOSU]

Having to pay child support for step children?!?! That sounds absurd. Did you adopt them? Isn't the kids' biological father responsible for that?

[bigbadbob]

There's no chance of either happening....court ordered child support or visitation for stepchildren. The only way that would happen would be if there had been an adoption or there was an agreement between the parties for visitation/child support. Even with an agreement, it's likely the court would not order it.

Under the law, the step parent has no legal rights or responsibilities for his/her stepchildren. There is a biological still in the picture with those rights/responsibilities.

Ditto. you are not going to have to pay CS or be able to get visitation as a step-parent.

Now, completely unrelated to your case, there is a irrebutable presumption of paternity if the child was born during your marriage, and held out by both parties to be a child of the marriage, even if it wasn't. So if after 2 years you find out you are not the dad, you are responsible for that child for the next 16 years. Crazy. Also, although I don't know of any OK cases that this has happened in, but in another state with a similar law, even though the father was ordered to pay child support, he didn't have a right to visitation after 8 years of believing he was the father of a child born during the marriage. Even crazier!