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Family Law

Family law touches on some of the most personal and sensitive parts of life, including marriage, divorce, child custody, and support issues. Understanding your rights and obligations under Oklahoma law can feel overwhelming, but it is essential to protect your future and your loved ones. Whether you are facing a paternity case or navigating a divorce, having a knowledgeable Tulsa family law attorney can make a significant difference in the outcome of your case.

Wirth Law Office provides experienced guidance through the complexities of family law matters to help clients make informed decisions. From custody disputes to support modifications, the firm is committed to supporting your legal needs with professionalism and care. If you need legal help, call Wirth Law Office at (918) 879-1681 to speak with a trusted Tulsa attorney who understands the stakes involved in family law cases.

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  • Who Pays for a Parenting Coordinator in an Oklahoma Family Law Case?

    Tulsa family law attorneyThe Oklahoma Parenting Coordinator Act does specify in it a general default on who pays the parenting coordinator, and that is a split by the child support guidelines. So, essentially, the cost is split pro-rata based on the party's income, just like child support is determined. So if one party makes 75% of their total combined income, the other party makes 25, then that party that makes 75% is going to be paying for 75% of the parenting coordinator fee. Read more »

  • One Thing to Check on Your Phone when Starting a Family Law Case

    Oklahoma family lawFirst thing when you're starting your family law case, pull up your phone, see what you have your ex in your phone as, and change that name to something appropriate and descriptive. And that way, when you're printing off screenshots of all those text messages, it's going to be something that I can present to a court and that I'm not going to be embarrassed to provide and not going to be something that undermines your case and makes you look petty. Read more »

  • The Great Escape Leaving Domestic Violence: Domestic Violence Pt 4

    Wirth Law Office Tulsa attorneyIn family law in State of the Oklahoma, evidence of domestic abuse creates a presumption that it's not in the best interest of the child for the abusive parent to be the primary caretaker, and that it's in fact in the best interest for the abused victim to be the primary caretaker of the child. So that gives you a built-in advantage litigating custody. Read more »

  • Why Doesn't She Just Leave: Domestic Violence Pt 2

    Oklahoma probation violations"Why doesn't she just leave him," is such an unfair one is that it very much over simplifies the process of leaving your abuser, because that abuser has erected a series of supports that helps he or she to control their victim. Because as we've discussed in the previous installment, violence is a means into the end. The end that the abuser is seeking is control. Maybe it's because of their own insecurities, but they want control over their partner's everyday life to the extent that no one else has a say in that person's life and the victim is forced to rely entirely on the abuser. And that's part of why it is so difficult to escape these situations. Read more »

  • What is The Maximum Marriage Length for Annulment in Oklahoma?

    Regardless of how long you've been married, there's no red line on it. There's no definitive determination based on that. So when can you get an annulment? It's not about how long you've been married, it's about the circumstances leading into the marriage. Did one of the parties lack capacity to get married? Was there a fraudulent inducement into the marriage? You have to have facts like that in order to be eligible for an annulment. Read more »

  • Did HR Marry You and Your Significant Other?

    Did your company's HR rep accidentally marry you and your significant other without you knowing about it? Believe it or not, it happens. I'm Oklahoma attorney James Wirth, and I'm about to tell you about how common law marriages can be established without you knowing it. Read more »

  • A Surprising Thing Most Don't Know About Mutual Oklahoma Protective Orders

    Are there mutual protective orders in Oklahoma? What is a mutual Oklahoma protective order? Tulsa attorney has the answer to both of these major concerns affecting those in the state of Oklahoma. Just because one party makes a good case for a protective order and the judge maybe thinks it should be mutual, they can't do it mutual on that basis. Each party must separately make their case and then there's two separate protective orders, just pointing different directions. In Oklahoma, there are no mutual protective orders, but each party can get a protective order against the other if they prove their case individually. Read more »

  • What is Third-Party Interference with Child Custody?

    third party interference with child custodyOften, a person means well and wants to help a child or parent involved in a custody dispute in Tulsa, Oklahoma. But when that help turns into third-party interference with child custody, then that person has broken the law. Third-Party Interference with Child Custody Defined Oklahoma law states that any person who is not a party […] Read more »

  • How to Enforce Visitation Rights in Oklahoma

    visitation rightsA custodial parent has a duty to facilitate visitation rights according to the schedule ordered by the court. All custody orders in Oklahoma contain language to that effect. Parents are usually eager for their children to have a close bond with the non-custodial parent, but not always. Sometimes, a parent will try to hamper that visitation. Enforcing […] Read more »

  • Does a Paternity Order Establish Child Support in Oklahoma?

    paternity orderA paternity order is one of the most important elements in establishing a legal duty to support a child in Tulsa, Oklahoma. If the child is yours, you are legally bound to support the child. If the child is not yours, you have no legal obligation to support the child absent other circumstances. However, paternity, custody, and […] Read more »

  • What is Property Division in an Oklahoma Divorce?

    property divisionA common question is, “What is property division in an Oklahoma divorce?” When a couple divorces in Tulsa, one of the tasks that must be taken care of the division of marital property and marital debt. What is Marital Property? Marital property is usually considered to be that property acquired during the marriage. This can […] Read more »

  • What is Discovery in an Oklahoma Divorce?

    discoveryDiscovery is an important part of the Oklahoma divorce process. Discovery is the name given to a set of legal tools that enable a party involved in a court proceeding to “discover” or learn certain facts that are important to the handling of a court matter. Discovery begins after the initial filing of the Petition […] Read more »

  • What is a Parenting Plan in Oklahoma?

    parenting planCreating a parenting plan is often a vital step in Tulsa, Oklahoma divorces that involve minor children. Usually, one or both parents request joint custody when there are children involved in a divorce. Courts try to ensure that parents work together through their divorce to make the process as easy as possible for their children. What […] Read more »

  • Oklahoma Divorce Laws

    Oklahoma divorce lawsThe first step in following Oklahoma divorce laws is to prepare, file, and serve a Petition for Dissolution of Marriage. It must be filed in the county in which you and your spouse live. A Petition for Dissolution of Marriage must include the legal grounds or “reason” for divorce. These grounds or reasons can be […] Read more »

  • The Oklahoma Divorce Decree

    Oklahoma divorce decreeYour Divorce Decree Explained Once everything is settled in your divorce, you can get a Tulsa, Oklahoma divorce decree. A divorce decree is the document that finalizes your divorce. It is signed by the judge and will include the date which your divorce is final. It also may include other dates by which certain things […] Read more »

  • What are Tulsa Divorce Residency Requirements?

    Oklahoma divorce lawsEvery state, including Oklahoma, has divorce residency requirements that must be met in order to file for legal divorce or separation in that state. These requirements are meant to ensure that the court in which the action is filed is the correct one for the parties involved. The legal name for this is jurisdiction. In […] Read more »

  • How Protective Orders Affect an Oklahoma Divorce

    protective ordersNot all divorces in Tulsa, Oklahoma are amicable; thus, protective orders become necessary. For some couples, the road to divorce is littered with a long history of arguments, including physical arguments. For these couples, protective orders can be helpful to allow enough physical and emotional space for healing to begin. What is a Protective Order? […] Read more »

  • Filing for Divorce in Tulsa

    filing for divorceFiling for divorce in Tulsa, Oklahoma begins with preparing and filing a Petition for Dissolution of Marriage. The petition is filed in the county in which you and your spouse live. Along with the petition, a summons must be served upon the responding spouse. Among other things, a Petition for Dissolution of Marriage must include the […] Read more »

  • How to Serve Divorce Papers in Oklahoma

    Oklahoma divorce lawsOklahoma law requires that a spouse seeking to end his or her marriage serve divorce papers on the other spouse. This includes a copy of the petition, the notice of hearing, and in some cases, a copy of a blank form answer. Getting a Process Server to Serve Divorce Papers Most of the time, it […] Read more »

  • Marrying More Than One Person is Bigamy in Oklahoma

    bigamyAll jurisdictions have laws prohibiting bigamy in Oklahoma. Oklahoma law defines bigamy as marrying a person while still married to another living person. Okla. Stat. tit. 21 § 881 This is not a common crime, but it does occur. Bigamy is a felony offense. Punishment for Bigamy in Oklahoma There are exceptions to the crime. […] Read more »

  • Oklahoma Child Custody Considerations 

    child custody considerationsTulsa, Oklahoma child custody considerations are uniformly determined according to what is in the best interests of the child. Sometimes, it is easy to determine what is in the best interests of the child. For example, a court will usually find that when one of the parents is involved in criminal activity or uses alcohol […] Read more »

  • Steps in an Oklahoma Divorce

    steps in an Oklahoma divorceEarly Steps in an Oklahoma Divorce One of the spouses must file a petition in an Oklahoma family court as one of the first steps in an Oklahoma divorce. A Petition for Dissolution of Marriage is also known as a Petition for Divorce. The petition is filed in the county in which you or your […] Read more »

  • Automatic Temporary Injunction

    automatic temporary injunctionOne of the least understood and most important actions when filing for divorce in Oklahoma is the automatic temporary injunction. When you want to file for divorce in Oklahoma, one of the spouses must file a Petition in an Oklahoma family court to begin the process. A Petition for Dissolution of Marriage is also known […] Read more »

  • The Divorce Trial in Tulsa, OK

    divorce trial in TulsaThe divorce trial is sometimes necessary in Tulsa, OK, because not all divorces are amicable. When couples cannot agree or when there are contested issues in a divorce, these contested issues must be settled by the court. Some of these matters may be able to be resolved in hearings before the court. However, some of […] Read more »

  • Settlement Negotiations and Mediation in Oklahoma Divorce

    mediation in Oklahoma divorceMediation in Oklahoma divorce can be helpful to all parties. Like all litigation, Tulsa, Oklahoma divorce cases often have contested issues that must be settled, mediated, or litigated at a hearing or trial. Child custody, child and spousal support, and the division of marital property are all issues that may be subject to settlement negotiations […] Read more »

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