Get Answers to Your Oklahoma Legal Issue Here. Accident, Injury, Malpractice, Family Law, Criminal Law, and Insurance Claim Questions
Our attorneys want you to be as educated as possible about the legal issues you are facing. On our FAQ page, you can find answers on car crashes, medical malpractice, truck wrecks, child injuries, child custody, criminal law, and wrongful death. See also FAQ's, BLOG, LIBRARY, VIDEOS, OFFERS.
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How do I get my marriage annulled in Oklahoma?
“Can I just get my marriage annulled?” Unlike divorce, annulment of marriage in Oklahoma is only available to void or voidable marriages. How can a marriage be void or voidable? A void marriage is created when one party does not satisfy the constitutional requirements for a marriage. The constitutional requirements are the following: the parties are over the age of majority (18), the parties are unmarried or it is not within the first 6 months after a divorce, and the parties are unrelated. In effect, an annulment declares a marriage invalid, rather than dissolves it. Therefore, it acts as if the marriage never existed. Oddly enough, other than the declaration of invalidity, the relief available for an annulment is very similar to a divorce. If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.
I am not sure I want a divorce, what are my options?
“I am not sure I want a divorce, what are my options?” The three different types of marriage dissolution in Oklahoma are divorce, annulment, and separation. Divorce provides relief in several areas. It provides for more than just the dissolution of a marriage. It may also provide for child custody and child visitation, child support, property division, spousal support alimony, a name change, divorce attorney’s fees, and a restraining order. In a divorce case, the petitioner must state the grounds for which the divorce should be granted. There are many grounds for divorce in Oklahoma, including adultery. But, the most common grounds for divorce in Oklahoma is incompatibility. Legally, this is defined as a conflict of personalities that destroys the legitimate ends of matrimony and the possibility of reconciliation. In reality, this means neither party is at fault for the deterioration of the relationship. The couple just cannot get along anymore, and the possibility of the couple renewing their marriage is highly unlikely. If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.
I have been living with my boyfriend/girlfriend for several years. Am I common law married?”
“I have been living with my boyfriend/girlfriend for several years. Am I common law married?” Most likely, the answer is no. Living together does not, in itself, create a common law marriage. There is not a durational requirement for common law marriage in Oklahoma, meaning it doesn’t matter whether a couple has lived together for 24 hours or 24 years. The fact that a couple lives together for a long time may be evidence there is a common law marriage, but this evidence by itself, will not prove anything. Both parties must have the mutual consent to be married.
What is the difference between ceremonial marriage and common law marriage?
“What is the difference between ceremonial marriage and common law marriage in Oklahoma?” Legally speaking, the only difference is how a couple becomes married. The main and obvious elements of a ceremonial marriage are a ceremony conducted by either a judge or clergy, two adult witnesses, and the officiant and witnesses sign the marriage certificate. On the other hand, in Oklahoma, common law marriage requires a mutual agreement between the parties to be married, a permanent and exclusive relationship, and the couple holds themselves out to the public in some manner as being married. Often, the most difficult to prove is an agreement to be married. Since there is, far too often, a party that claims he/she never agreed to being married to the other, there are elements in which one can prove such agreement. Actions such as cohabitation, actions consistent with a spouse, recognition in the community as being married, and a clear declaration by the parties that they are husband and wife will prove there was an agreement between the parties.
DUI, NOW WHAT?
DUI is a serious matter that consists of two separate problems: 1: The District Court Criminal Case, and; 2: The Department of Public Safety Driver's License Revocation Process.
Upon arrest the law enforcement agency will provide a piece of paper notifying the arrestee that his/her license has been automatically revoked. Fortunately, our Constitution requires due process before taking life, liberty, or property. In a license revocation setting this means filing and appeal with DPS which automatically reinstates the license until DPS conducts a hearing. You must act fast, however, because the DPS request for hearing must be received by DPS within 15 days of arrest.
How long does a child injury claim take?
The length of time it takes to resolve a claim or lawsuit for an injured child can differ drastically from case to case. If there are relatively minor damages and fault is easily established then the claim may be resolved in six (6) months or less. However, if the claim involves catastrophic injuries, a deceased child, medical malpractice, birth injuries, defective product, or difficult liability then the case can take several years. A civil lawsuit is initiated by filing a Petition and the party being sued has twenty (20) days to file an answer. Next, the parties begin the longest part of the case, the discovery phase, which includes both sides gathering the information, evidence, testimony, and proof needed to present its case to a jury. This phase can take anywhere from six months to several years. After the parties have gathered the evidence and taken witness statements and testimony they will prepare and present the case to a judge in order to resolve as many legal issues as possible, called dispositive motions or motions for summary judgment. Thereafter, the case may go to formal a settlement meeting called a mediation. If the case is not resolved at the dispositive motions or a mediation it will be taken to trial. Trials can take anywhere from several days to several weeks.
Who can bring a child injury claim?
A claim or lawsuit for injured or deceased children in Oklahoma is normally brought by one or both of the parents. If the child dies as a result of the injuries then a probate action will be established and the executor of the estate will bring the lawsuit or claim.
How long does my child have to bring a claim for injuries?
In Oklahoma, an injured child has until they turn 19 to file a lawsuit or bring a claim against the person or business that caused their injuries. However, it is never a good idea to wait. Many times accidents, injuries, and medical malpractice issues are very fact intensive and require witness testimony. As time passes it becomes increasingly more difficult for certain records to be retrieved and witnesses to properly recall events. Compton Lawâs success is directly related to the level of investment we meticulously put into investigating, researching, developing, and understanding the intricate details of our cases. As such, the sooner you get our staff on board the better.
What damages are recoverable when a child is injured?
The Oklahoma civil justice system seeks to compensate injured children for certain losses called damages. These damages normally consist of medical bills, surgeries, rehabilitation, physical therapy, travel and transportation expenses, pain and suffering, and medication. Additionally, Oklahoma law provides for compensation for any permanent damages. Permanent damages might include nerve damage, scarring, traumatic brain injuries, spinal cord injuries, and loss of use of limbs. Moreover, parents may recover for economic damages such as lost income, travel, and other out of pocket expenses.
How is the money distributed when a child is injured?
Distributing Proceeds For Child Injuries.
The civil justice system seeks to compensate injured people for their losses. This is sometimes referred to the "make whole" rule, which means the negligent party should compensate the injured for all damages that would put them in the same place as if they had not been injured. Interestingly, this system is based on basic principles set forth in the Bible. Because much of this compensation will go towards payment of medical bills, lost wages, travel, transportation, medication expenses, physical therapy, rehabilitation, in-home care providers, and medical equipment, it will be distributed to other parties soon after the resolution, settlement, verdict. The child victim should also receive additional compensation for pain and suffering, future medical charges, and permanent damages.
In Oklahoma, if an injured child under the age of 18 receives over $1,000.00 (excluding actual payments to medical providers, cost, and fees) then that sum will be placed in a trust account that is overseen by the County Court. Parents would be allowed distributions from the recovery for their out of pocket expenses.
If you have further questions about collecting or distributing funds for the injuries to a child, please contact us or call 405-542-2529.