- Court Denies Paternity Despite DNA Proof
Posted May 1, 2008, 1:17 pm by Dan Nunley
A sharply divided Kentucky Supreme Court recently denied paternity to a man with DNA proof supporting his claim to be the child's biological father. The Kentucky high court based its decision on the marital presumption which bars any attack against a child's legitimacy. Read this Time article for more information. Oklahoma is one of the 33 states mentioned in the article that allow attacks to the marital presumption but only within the first two years of the child's life. Source: Time.com.
- It's Time To Bury The Billable Hour
Posted April 16, 2008, 10:00 pm by Dan Nunley
William Wilson, author of the Indiana Family Law Blog, read yesterday's post regarding Scott Turow's article on hourly billing and was inspired to sit down and write concerning his perspective on the billable hour system. I highly recommend that you take the time to read Mr. Wilson's post in its entirety.
- Famous Lawyer Says The Billable Hour System Must Die
Posted April 15, 2008, 10:00 pm by Dan Nunley
Attorney and best-selling author Scott Turow says in a recently-published article in the ABA Journal that the billable hour system is not merely bad for the lives of lawyers but is worse for clients, bad for the attorney-client relationship, and bad for the image of our profession. Read Mr. Turow's article in its entirety here.
- Billing By The Hour Seen As Corrupting To The Legal Profession
Posted April 13, 2008, 10:00 pm by Dan Nunley
I have posted previously (here, here, here, here, and here) on the benefits of a flat or fixed fee billing system. Here is an article written by the President of the California Bar Association in which he says that the billable hour system is corrupting to the legal profession. Source: ABA Journal.
- Your Questions and Comments
Posted April 10, 2008, 10:00 pm by Dan Nunley
First of all I want to say how much I appreciate you the reader of the Oklahoma Family Law Blog. I hope that you find the information interesting and educational. If you aren't yet a subscriber, consider becoming one today. To those readers who go a step beyond and leave comments to my posts, know that while I may not publish all comments on my blog, I do read each and every one of them. And to those readers who post questions asking me for advice, I suggest that instead of leaving a question...
- Women With Graduate Degrees Are More Likely to Divorce
Posted April 8, 2008, 10:00 pm by Dan Nunley
A soon to be published study of more than 100,000 professionals reveals that women with MBAs, law degrees, and medical degrees are twice as likely to get divorced or separated as their male counterparts. The study also found that highly educated women abstain from marriage at double and sometimes nearly triple the rate of highly educated men. Source: "For Women, Graduate Degrees Greater Marriage Test" by Anita Raghavan in the Wall Street Journal, April 1, 2008.
- More Men Are Receiving Alimony From Ex-Wives
Posted April 6, 2008, 10:00 pm by Dan Nunley
Is it unmanly to receive alimony from your ex-wife? While I don't have any male clients who receive temporary support or alimony, apparently this is a growing trend as more and more women move up the career ladder and earn big money. The percentage of alimony recipients who are male rose to 3.6% during the five years ending in 2006, up from 2.4%, in the previous five-year period, according to the U.S. Census Bureau. That percentage is likely to rise as more and more marriages feature a primary...
- Judge Vacates Divorce So Ex-Wife Can Become Widow
Posted March 27, 2008, 4:20 pm by Dan Nunley
Last month an airman stationed at Tinker Air Force Base shot and killed his nine-year-old daughter and four-year-old son before turning the gun on himself. This tragedy occurred just eleven days after the airman and his wife were granted a divorce on Valentine's Day. The father had previously threatened to kill the children if his wife divorced him. Yesterday the judge vacated the divorce saying "I'm doing what I believe is the right thing to do." The woman was represented at the hearing by...
- Oklahoma and California Are At Opposite Ends Of The Homeschooling Spectrum
Posted March 9, 2008, 7:37 am by Dan Nunley
Oklahoma is the friendliest state to home schooling parents because Oklahoma is the only state that has a constitutional provision guaranteeing parents the right to educate their children at home. Because of that, Oklahoma may see an influx of home schooling families from California in the near future if a California appellate court's recent ruling is not overturned. It would be The Grapes of Wrath in reverse. Instead of Okies traveling to California in search of employment, we'll see...
- DivorceCare Program Begins At Broken Arrow Church
Posted February 28, 2008, 2:20 pm by Dan Nunley
DivorceCare is a Christ-centered, 13-week program offered across the nation as a support group for people who are divorced, going through a divorce, or separated. The Assembly at Broken Arrow just started a new DivorceCare class last night at its downtown campus located at 200 E. Broadway. The class will meet on upcoming Wednesdays at 7:00 p.m. Each DivorceCare session has two distinct elements. During the first 30-40 minutes, the group watches a video featuring top experts on divorce and...
- DHS Employee Fails To Report Sexual Abuse
Posted February 23, 2008, 12:15 pm by Dan Nunley
Here is a appalling example of a state agency found to be contributing to the abuse and neglect of the very children it has been charged to protect. And to add to the outrage, research reveals that this is just one of many examples of DHS' failings. Last week, a DHS case worker was charged with a misdemeanor count of failing to report child abuse. During a home visit last summer, the case worker observed a foster father kissing a fourteen year old foster child yet the case worker chose not to...
- New Judges in Tulsa County Divorce Court
Posted February 21, 2008, 10:00 pm by Dan Nunley
If either the Honorable Mark Barcus or the Honorable Terry Bitting has been the judge in your Tulsa County family law case, get ready for a change. Both judges are "Special District Judges" who have no specific term of office as they are hired by and serve at the pleasure of the elected district and associate district judges. Recently Presiding District Judge Michael Gassett ordered changes in the assignments of six Tulsa County Special Judges. Judge Barcus has moved to the juvenile division...
- When A Divorced Couple Changes Their Minds
Posted February 19, 2008, 1:47 pm by Dan Nunley
Every now and then, I receive a call or email from someone who tells me that he/she and their ex have reconciled and want to be married again. In Oklahoma, there are three ways for a divorced couple to become remarried. 1. The couple may remarry by obtaining a marriage license and having a civil wedding ceremony. 2. The couple may remarry by common law. 3. The couple may have their divorce decree set aside or vacated. There are major differences between remarriage and vacating the divorce...
- Oklahoma Family Law Blog Moves to New Site
Posted February 17, 2008, 10:00 pm by Dan Nunley
This will be the final post on this site as the Oklahoma Family Law Blog is moving. Click on this link and you will be taken to the new site. Subscribers should update their RSS feed to continue to receive the latest posts concerning Oklahoma family law issues. Also take a look at my Oklahoma Consumer Rights Blog, Oklahoma Personal Injury Blog, and Oklahoma Social Security Disability Blog.
- 10 Things Not To Do In Your Divorce Case
Posted February 5, 2008, 10:00 pm by Dan Nunley
Divorce is not easy. There are many pitfalls and traps awaiting parties that have not educated themselves about the process. People often make bad decisions under stress, or without the guidance of an experienced lawyer. Don't be one of them. Divorce law isn't rocket science, but it isn't always intuitive. Avoid the following 10 divorce pitfalls to get a better result. During your divorce, you should NOT: 1. Lie to your lawyer: We are here to help you. Your communication with us is privileged,...
- Parents Have Constitutional Right to Cross-Examine Guardian Ad Litem
Posted January 29, 2008, 10:00 pm by Dan Nunley
In a recent case, a father sought to cross-examine a guardian ad litem regarding her custody recommendation. The guardian ad litem argued that she could not be called as a witness in the custody litigation based on an Oklahoma statute (43 O.S. 107.3 (A)(2)(e)) that states that a guardian ad litem "is not subject to discovery under the Oklahoma Discovery Code." The trial judge agreed and excused the guardian ad litem from testifying. The Oklahoma Supreme Court, in deciding this matter of first...
- When Visitation Rights Are Denied.
Posted January 27, 2008, 10:00 pm by Dan Nunley
I am receiving an ever-increasing number of telephone calls and emails from non-custodial parents concerning their visitation rights being either out-right denied or at least negatively impacted by the primary custodial parent's willful actions. In my opinion, the primary custodial parent has an obligation to comply with the court's orders regarding visitation and should do everything in his/her power to not cause trouble. If there exists a reasonable fear that visitation with the non-custodial...
- Watch Out For Dirty Divorce Tricks
Posted December 17, 2007, 10:00 pm by Dan Nunley
Divorce is an extremely emotional event for both husband and wife, regardless of whether the spouse normally wears his emotions on his sleeve or hides his true feelings. Highly charged emotions are the norm and many spouses begin to act in ways that show their dark side. Sometimes they lash out simply because they are hurting and feel angry or betrayed. Other times their actions are based more on a desire to gain some tactical advantage or even to intimidate their spouse. Some spouses behave...
- No More Hourly Billing For Me
Posted December 16, 2007, 10:00 pm by Dan Nunley
Like many family law attorneys, my practice has been to charge my clients a flat fee for uncontested matters and an hourly fee for contested matters. Recently, I have given much thought to representing all clients for a flat fee, even in contested matters. Today I am happy to announce that I will no longer bill by the hour for my legal services. Instead, each of my clients and I will negotiate a fixed fee for the totality of my work in his or her case. I believe that people will appreciate...
- Another Vote for Flat Fees in Contested Divorces
Posted December 13, 2007, 4:00 am by Dan Nunley
Here's what Kansas family law attorney Grant Griffiths had to say about yesterday's post. "I could not agree more. I have been doing flat fee cases in my family law practice for at least 3 years now. It really does work better for both the client and attorney." Source: Kansas Family Law Blog.