Frequently Asked Questions About Oklahoma Law
Frequently Asked Questions about Divorce in Oklahoma:
Question:
How is property divided in a divorce in Tulsa, Oklahoma?
Answer:
As a general rule, all marital property and debt is split evenly (50-50) between the spouses upon dissolution. This of course does not mean the house or the car will be physically split in half or the spouses will have to share them. Rather, the rule states each item of community property must be evaluated in terms of its market value. Marital Property is valued net of liabilities, and usually awarded in equal amounts to the spouses.
Question:
How is child custody and visitation established in Oklahoma?
Answer:
Because child custody and visitation laws vary, your best bet is to acquaint yourself with the particulars of the jurisdiction that is responsible for managing the custody and visitation rights that were established by the courts. You will find that the court system will point you to the actual laws governing your situation based on the “best interests of the child,” not necessarily on the gender of the parent. In that case, your Tulsa divorce lawyer is there to help you understand your visitation rights as a non-custodial parent. Along with those rights, you need to understand your avenues of recourse in the event you are denied visitation rights, as well as what actions can be taken against you in the event you are unable to provide court-ordered support.
Question:
How is child support calculated in Oklahoma?
Answer:
Under the federal Child Support Enforcement Act, each state developed guidelines to calculate a range of child support to be paid, based on the parents' incomes and expenses. Oklahoma child custody laws allow judges in Oklahoma considerable leeway in setting the actual amount, as long as the general state guidelines are followed on the basis of the “child support guidelines” established by Oklahoma statutes.
Question:
How & when is alimony determined in Oklahoma?
Answer:
Temporary and long term alimony are based on “ability to pay” of one spouse and “need” of the other, as shown by evidence submitted to the court. When a married couple gets a divorce, the court may award "alimony" or spousal support to one of the former spouses, based either on an agreement between the couple or a decision by the court itself.
Question:
How is paternity proven in Oklahoma?
Answer:
"Paternity" refers to the legal establishment of who is the father of a child. While the identity of a child's biological mother is usually by nature easy to establish, the father's identity may in some cases be uncertain. Paternity issues often arise in cases involving child support, but they can also be important in relation to adoption, inheritance, custody and visitation, health care, and other issues. Normally this is determined by DNA tests, unless both parties agree on the facts.
Question:
Can divorces involve spouses from different states?
Answer:
Oklahoma and most states offer both fault and no-fault grounds for divorce that can either be alleged in the complaint, and the decision as to which way to go really depends upon your state laws. The main difference between the two is in the proof required to get the divorce. No-fault requires no proof, and fault requires proof of the fault alleged. If a wife decides to sue on fault grounds alone, she has to be prepared to prove that the husband did something wrong. If she cannot, the divorce could be denied, although that is rare. More often fault is alleged in the complaint because the state's laws may grant some benefit to the spouse found not at fault-custody, increased child support, higher alimony.
Question:
How long will a divorce take in Oklahoma?
Answer:
The length of time it takes to get a divorce varies in the state of Oklahoma, and is dependent upon the type of relief sought and type of hearing that is necessary. An uncontested divorce will take the least amount of time and will be expedited by the court system. After the defendant is served with a court summons, the time to process the case begins.
Frequently Asked Questions about Personal Injury Law in Oklahoma:
Question:
How are damages for personal injury determined in Tulsa?
Answer:
Based on past or future medical expenses, loss of income, and for pain and suffering. There is no magic formula or process by which a personal injury attorney can predict with certainty the amount of money a person is entitled to receive, especially where damages are awarded for subjective elements called 'pain and suffering' and 'loss of enjoyment of life.' However, our law office will usually have a pretty good idea of a reasonable settlement range after your medical condition has stabilized. We rely on such factors as the extent and permanency of your injuries, the effect your injuries have had on your life, the amount and duration of your medical treatment, prior jury verdicts and/or arbitration awards received for similar injuries and past experience. Ultimately, the value of any given case is determined by the jury's verdict after a trial on the merits.
Question:
What if I wasn't injured but I sustained damage to my car or other personal property?
Answer:
As a personal injury law office in Tulsa, we only accept cases where the individual has sustained injury. This is because our fee is a percentage of the recovery obtained on behalf of the injured claimant. Most property damage claims cannot be pursued economically by an attorney in Oklahoma where he or she is forced to charge you an hourly rate, which is often at least $150 per hour. Most insurance companies are reasonable when it comes to settling property damage claims which means you probably can settle your claim by yourself.
Question:
What happens if I was injured in a collision caused by an uninsured driver?
Answer:
You may have a claim for UM benefits under your own policy. If you make a UM claim, your own carrier has the right to use all defenses that the other driver may have had against you. Many people make the mistake that they will be treated better by their own insurance company. This simply is not true. Your carrier will be allowed to assert all defenses available to the at-fault driver, and the carrier almost always does. A UM claim therefore essentially creates an adversarial relationship between you and your own insurance carrier. Thus, it may be wise to retain experienced counsel when asserting a UM claim. As can be expected, your own carrier will NOT be looking out for your interests (even though you are its own insured!). Instead, your carrier will be looking for ways to pay out as little money as possible. In the event you do not have UM coverage, you may have no other practical means of obtaining compensation for your injuries. This is why you should always carry UM coverage, preferably with limits of at least $100,000.
Question:
If my insurance company denies my claim, do I have any rights?
Answer:
If an insurance company fails or refuses to honor its contract and pay a valid claim, you have the right to bring a civil action for damages against that insurance company. In addition to suing for a "breach of contract", you might be able to bring a "tort" claim seeking damages based upon the insurer's "bad faith" handling of the claim.
Question:
How do you start a wrongful death case in Tulsa, Oklahoma?
Answer:
A wrongful death case is only allowed by statute and the terms or requirements set forth in the statute must be strictly met. A wrongful death case may only be pursued if there are certain beneficiaries (or survivors) designated in the statute. One state's Supreme Court has determined that the financial dependence must be "substantial." However, in the case of a wrongful death of a minor child (under age 18), a surviving parent may bring a wrongful death case without showing financial dependence.
Question:
What does the term insurance "bad faith" mean?
Answer:
"Bad faith" refers to an unreasonable or unfair conduct by an insurance company.
Frequently Asked Questions About Business Law in Oklahoma:
Question:
What types of business law services do we provide in Tulsa?
Answer:
We provide a variety of full-service transactional and litigation legal services for businesses in Tulsa and throughout the surrounding counties. Our Tulsa attorneys are experienced in addressing a wide variety of business legal issues, which include corporate law, construction law, construction litigation, real estate, commercial litigation, corporate and banking disputes. We have extensive legal experience and this gives our clients the advantage of having these resources available to call upon as issues arise.
Question:
What types of corporate law services do you provide?
Answer:
Givens & Givens law office in Tulsa offers a level of service that only comes from years of experience. Whether it is an emerging business or a large company, all Givens & Givens clients benefit from the extensive knowledge and virtually every aspect of business law.
Question:
How do you establish "limited liability" companies in Oklahoma?
Answer:
Givens & Givens law office, we offer individuals starting a small business in Tulsa the understanding of the necessity of protecting their personal assets in the event the business has problems in the future. For most small businesses a limited liability company (LLC)is the easiest and cheapest way to keep their personal assets separate from those of the company.
Question:
How do you help small businesses in Tulsa, Oklahoma?
Answer:
At Givens & Givens we counsel for small businesses and oversee the full range of our clients' legal needs and finding the right services to assist where appropriate. Our firm's services include contract drafting and negotiation, business acquisitions, regulatory compliance and resolving disputes before they escalate into litigation.
Question:
How experienced is Givens & Givens in the areas of business law in Oklahoma?
Answer:
At Givens & Givens we offer years of combined experience as business, employment, franchise, copyright, and trademark attorneys in Tulsa. We assist our clients in almost every aspect of business, including business organization, corporate transactions, commercial and corporate litigation, employment law, intellectual property, operation and financing, sale and dissolution, and protecting the entity and its members from liability.
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Frequently Asked Questions About Estate Planning in Oklahoma:
Question:
How to Plan Your Will in Tulsa, Oklahoma?
Answer:
We recommend a will because state law will determine who inherits property absent a will; but need for a trust depends on many factors, including need and responsibility of beneficiaries. Wills are the most common way for people to state their preferences about how their estates should be handled after their deaths. Many people use their wills to express their deepest sentiments toward their loved ones. Generally, the testator must be an adult of "sound mind," meaning that the testator must be able to understand the meaning of the document. Wills must be written. Oklahoma allows a will to be in the testator's own handwriting, but a better and more enforceable option is to use a typed or pre-printed document. A testator must sign his or her own will, unless he or she is unable to do so, in which case the testator must direct another person to sign the will in the presence of witnesses, and the signature must be witnessed and/or notarized. Your Tulsa Attorney will help you avoid tax burdens while assisting you in writing your will.
Question:
What is a Living Will in Oklahoma?
Answer:
Many people believe that living wills only direct health care providers to withhold treatment. While many choose to issue that type of instruction, a living will also allows a person to ask for all available treatment options and medical techniques, or to choose some medical options and reject others. Because a living will involves complicated medical issues, consultation with a doctor may help clarify different treatment types and assist the patient in making living will decisions. Some people do not complete living wills because they worry doctors could let them die when there is still a chance for recovery. However, a living will cannot take effect legally unless the patient is medically determined to be in a permanent vegetative state or terminally ill, and therefore unable to communicate medical preferences.
Question:
What are Estate Tax Requirements in Oklahoma?
Answer:
Estates are required to file a federal estate tax return if the value of the "gross" estate is above a certain dollar amount (for 2008, the amount is $2 million). The gross estate includes the value of all property in which the decedent had an interest at the time of his or her death -- including such items as real estate, stocks and bonds, mortgages, notes and cash, insurance on the decedent's life, and jointly owned property. If spouses own property in joint tenancy, and one dies, one half of the value of the jointly held property is included in the gross estate of the deceased spouse.
Question:
What About Tax Planning for Larger Estates in Oklahoma?
Answer:
Any estate whose gross, not net, assets exceed the available exemption amount must file an estate tax return, even if deductions and other tax-avoidance methods mean the estate ultimately owes no tax. If the estate does owe a tax, and nothing in the will specifies which assets will be used to pay it, state law will usually charge the taxes to the beneficiaries on a proportional basis; in other words, the more you inherit from an estate, the more of the estate tax you may have to pay out of the assets you inherit. Or state law may take taxes first from the residuary estate. Most people, however, specify in their wills certain funds to be used specifically to pay taxes; the tax is due in cash nine months from the date of death.
Question:
What is Probate in Oklahoma?
Answer:
Probate is a court that is designed to enable the proper transfer of the decedent’s estate to the rightful beneficiaries. This process is also used to collect any taxes due on the transfer of the property. Outstanding debts can also be settled through probate, and usually a date is set by which time creditors must file any claims that they have. The probate process takes at least seven months, and the deadline for claims from creditors is normally six months from notification of the probate. The balance of the estate or property following settlement of these debts and taxes is then distributed to the beneficiaries. The nature of probate means that if there is no estate or property to be distributed then there is no need to go through probate.
Question:
What is Estate Planning in Tulsa, Oklahoma?
Answer:
Estate planning describes the process which includes management of the family assets, preservation of wealth, protection from creditors, and minimization of taxes. If you have a well-drafted estate plan in place, you'll ensure that your estate passes to whom you want, when you want, and is carried out in the manner you've chosen. Choosing a Tulsa Lawyer that deals with estate planning techniques will give you the peace of mind to preserve your wealth and your families assets.
Question:
What is Power of Attorney?
Answer:
A power of attorney is used for situations where an individual cannot be present, or has become incompetent since executing it, but that individual has entrusted someone to do the job in their place. When someone holds "a power of attorney," they are able to enter into contracts, negotiate, and settle matters as if they were that other person.
Note:
Note: The answers set forth here are general in nature to give you an idea of the scope of certain problems. It is not intended to provide specific answers to your situation.
A call: (918) 728-7121) or contact with our attorneys may provide you with further information leading to your solutions.