I was hired as the appellate lawyer. The trial court ruled in favor of my client and it was appealed. The trial court was affirmed and my client's judgment protected.
Divorce and separation
Freeman v. Roby, DF-105801
Apr 25, 2008
OUTCOME: Trial court affirmed by appellate court in my client's favor.
Trial court rule in my client's favor with regard to property division. Opposing party appealed. The appellate court affirmed my client's award.
Child custody
Danielson v. Danielson, Appellate Court, DF-103284
Apr 26, 2006
OUTCOME: Trial Court reversed in favor of my client;
Trial court ruled against my client and the appellate court reversed.
Family
Danielson v. Codner, Appellate Court DF-101917-
Mar 18, 2005
OUTCOME: Protective Order affirmed on behalf of my client
Victim Protective Order entered by trial court on behalf of my client, Mr. Danielson due to electronic stalking by Defendant. It was appealed. The trial court's judgment was affirmed by Appellate Co...urt on behalf of Mr. Danielson.
Family
Summary of Divorce, Custody, Viisiitation
N/A
OUTCOME:
The Section of law referred to as “Family Law” generally includes Divorce, Separate Maintenance, Custody, Child Support, Paternity, Visitation, Support Alimony and Division of Marital Property. The Co...urt that decides “Family Law” is a Court of Equity.
This summary is intended to be an overview of some of the issues involved with family law. It is intended only for educational purposes. It is not presented to address all issues in family law nor to offer a legal opinion on how a Court of Equity may or may not rule.
In Oklahoma, a divorce is called a Dissolution of Marriage. A divorce involving minor children will include the following: Custody, Visitation and Child Support. The Court will decide, if the parties cannot agree, what custody arrangement which will serve the best interests and well being of the minor child and/or children. Prior to a divorce decree being entered and during the pendency of the divorce proceedings, the Court, if ask will enter temporary orders regarding: custody, visitation, child support, property and temporary support alimony. If there is any possibility of reconciliation, I recommend to my clients that instead of filing for a Divorce they wish to consider filing for Separate Maintenance. Separate Maintenance may also include temporary orders for custody, visitation, child support and support alimony.
The amount of Child Support is usually determined consistent with the Oklahoma Child Support Guidelines. However, there are circumstances where the parties exceed the joint income of the Guidelines. In those situations, the Court may order additional child support in excess of the Guidelines.
A divorce may also include an order for property division and support alimony. Property division in Oklahoma is determined in part by establishing the nature [character] of the property. Under a normal situation, property will be divided equitably between the parties. What is the property subject to distribution? It is that property which is determined to be “marital” property. The following is a partial list of property which may be subject to division: Pension funds, Retirement funds, Military Benefits, Gifts, Inheritance Property acquired during the marriage, Co-mingled property, Real Property, Personal Property and Separate property that have been enhanced by either party during the marriage.
The Court of Equity will decide the “character” of the property by an analysis of several factors which will include when the property was purchased and how it was treated during the marriage. The property that becomes subject to division may require an expert evaluation to determine the value of the property. Often, expert testimony is necessary to establish the value of the property.
After a Divorce Decree has been entered, there are four majors areas that can be modified after the Decree is filed. One of those areas is Child Support when the parties’ income of change. This modification must be Court approved and ordered. Child Support can be modified up or down. Another area that can be modified is custody and visitation. Once again, the Court must enter an Order even if the parties’ agree to said modification..
Oklahoma courts recognize support alimony. Support alimony will be determined on a case by case basis. Evidence must be submitted to establish the “need” one party and the ability to “pay” by the other party.
Divorce is one area of the law that requires my client’s attention and they must be involved. A divorce is so very personal. A lawyer and/or lawyers should not determine alone how you or your children will live the rest of your life. You must be involved and participate in every decision. If you are forced into a situation where a Divorce is your only alternative, please find a lawyer who will keep you informed and involved. The process maybe painful, but, years from now, you will be glad that you were involved and made informed decisions.