Frequently Asked Legal Questions
family law | property law
family law
How can I change my name?
If the name change is due to a marriage, it is not necessary to
formally request a name change. The marriage license is acceptable as official
proof of a name change. The license can be presented to the Social Security
Office and the Oklahoma Tax Commission to change your name on your social
security card and drivers license. In the event of a divorce, restoration
of the maiden or former name can be requested, Title
43 Section 121. For more information on Oklahoma name change laws see
Title
12 Sections 1631-1637. Access a name change form here.
What are the laws concerning emancipation of a minor in Oklahoma?
Oklahoma does not have laws concerning emancipation of minors.
Minors are defined as individuals under the age of 18 in Title
43 Section 551-102 of the Oklahoma Statutes. Title
10 Sections 91-94 provides information on confirmation of majority rights
to a minor. This gives minors the legal right to contract.
What are the Oklahoma laws concerning Common Law Marriage?
According to Title
43 Section 4, "No person shall enter into or contract the marriage
relation, nor shall any person perform or solemnize the ceremony of any
marriage in this state without a license being first issued by the judge
or clerk of the district court, of some county in this state, authorizing
the marriage between the persons named in such license."
However, the Cornell University Legal Information Insitute includes the following caveate: "No common-law marriage can be entered into, but these states recognize common law marriages that were entered into before these dates: Oklahoma - entered into prior to November 1, 1998 are recognized, current situation unclear."
Where can I find forms for Child Support/Paternity/Custody?
There are many forms and procedures for these types of cases. The two best
sites are the OSCN
forms site and the Families
in Transition site. The Families in Transition site is for Tulsa County
residents.
How can I calculate the amount of child support I'll pay or receive?
Guidelines for determining child support can be found in the Oklahoma Statutes
Title
43 Sections 118-118I
and Title
43 Section 120. The Oklahoma
Department of Human Services provides helpful information including
a child support calculator, fillable forms, and instructions.
property laws
What are the laws governing Squatters Rights (Adverse Possession)
in Oklahoma?
Adverse possession laws can be found in the Oklahoma Statutes Title 12 Section
93 and Title 60 Section 333 . To get a full understanding of these laws
you will need to look at the case laws listed at the end of the sections.
An important case in deciding the 15 year period of adverse possession before
granting a title by prescription is Wilp v. Magnus, 204 Okla. 448, 230 P.2d
733 (1951).
Where can I find the Landlord and Tenant Act?
The Landlord and Tenant Act is in Title 41 Section 101 to Section 136 of
the Oklahoma Statutes. You can also find a copy on the Oklahoma Housing
Finance Agency's web page. The Central library occasionally has copies of
the act to hand out to customers. Please call 596-7977 to check on the availability
of these copies.
My neighbor's tree is causing problems in my yard. What can I do
about it?
The Oklahoma Statutes define nuisance in Title 50 Section 1 and Title 76
Section 1. Using these definitions several cases have been brought before
Oklahoma courts to determine responsibility for damages caused by tree roots.
Two cases worth looking at are Mead v. Vincent 1947 OK 295 and Higdon v.
Henderson 1956 OK 296. The Tulsa City Ordinances Title 27 Chapter 21 Section
2104 deals with destruction of trees or vegetation that is the property
of another.
Can I park my car in my yard if I live within the City of Tulsa?
Tulsa City Ordinances Title 37 Chapter 5 Section 522.R states that vehicles
must be parked on a hard surface area constructed of an all-weather material.
What about parking my RV within the City of Tulsa? Rules for parking and
storing recreational vehicles can be found in the Tulsa City Ordinances
Title 42 Chapter 4 Section 402.B.7
Can I build a shed or fence in my yard if I live within the City
of Tulsa?
For information on obstructions in private yards see Tulsa City Ordinances
Title 42 Chapter 2 Section 210.B
What are the rules for running a day care in my family home if
I live within the City of Tulsa?
The Tulsa City Ordinances covering Family Day Cares are Title 42 Chapter
4 Section 402.B.5. For licensing requirements see the Department of Human
Services web page.