Tulsa Attorney Blog
Oklahoma Service by Publication: Timeline, Costs & Legal Steps
In Oklahoma, service by publication is a method used when traditional means of serving a lawsuit, like via a process server or certified mail, are unsuccessful. As outlined in Title 12, Section 2004(C)(3), service by publication must appear in a legally approved newspaper in the relevant county once a week for three consecutive weeks. The process typically takes a minimum of 41 days from the first publication date. Costs vary by newspaper, generally ranging from $60 to $120. For detailed guidance or legal advice, consulting a qualified attorney is recommended. Visit MakeLawEasy.com to schedule a consultation. Read more »Exploring Costs: Default Divorce Process in Oklahoma Explained
If you're considering filing a default divorce in Oklahoma, understanding the costs involved is crucial. A default divorce occurs when one party doesn't respond to the divorce petition, allowing the court to grant the divorce based on the filing party's requests. Filing fees typically start at $270, but representation costs can vary. At Wirth Law Office, we use evergreen retainers, requiring an upfront payment, often between $3,500 and $5,000, billed hourly. If the divorce proceeds without complications, remaining funds are refunded. For personalized advice on your divorce case, visit MakeLawEasy.com to schedule a consultation. Read more »Default Judgment Steps When Ignored: Oklahoma Legal Insights
Dealing with a non-responsive defendant in Oklahoma can be challenging, but the law offers solutions. When traditional service methods like process servers, the sheriff's office, or certified mail fail, you can seek court permission for service by publication. Once served, defendants typically have 20 days to respond, or 41 days from the first publication date. Failure to respond places them in default, allowing you to request a default judgment. While some judges may sign off on this directly, others might require a motion or hearing. It's crucial to consult with an attorney to navigate these processes effectively. Visit makelaweasy.com for legal assistance. Read more »Navigating DHS Investigations: What You Need to Know
Are you being investigated by DHS and feeling anxious about what comes next? I'm Carl Birkhead, an attorney with Wirth Law Office, here to guide you through the process. When DHS investigates, it can be intimidating, but it's important to know they often try to work with families before resorting to removal. Depending on the situation, they offer home-based services and assistance to address concerns without taking children into state custody. Misunderstandings abound, but having an attorney early can help negotiate and alleviate issues. If you're facing a DHS investigation, reach out to us for support and legal guidance. Read more »Master Traffic Citations: Legal Tips for Speedy Resolutions
Do you have a traffic citation and aren't sure what to do next? My name is Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, and I'm here to help simplify the legal process for you. Navigating the municipal court system can be time-consuming, with large dockets that often move slowly. After hiring our office, we'll guide you through the process, including getting added to the docket and exploring options for dismissal or plea negotiations. Whether you need assistance with a traffic ticket or more complex issues, feel free to reach out. Let me help you make law easy. Read more »How to Change Your Lawyer: Tips from an Experienced Attorney
Are you dissatisfied with your legal representation and considering a change? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, practicing for about seven years. Let me guide you on when and how to change your attorney. Recently, I witnessed situations in court where individuals chose to represent themselves, often with unfavorable outcomes. It's crucial to handle such transitions wisely. If you're unhappy with your current attorney, communicate your decision in advance and ensure you have new representation ready. Representing yourself can be risky and complex. For guidance, feel free to contact us at Wirth Law Office. Read more »Stay Silent: Essential Courtroom Behavior Guidelines
Are you navigating a criminal investigation and unsure how to conduct yourself in court? I'm Carl Birkhead, an attorney at Wirth Law Office with seven years of experience in family and criminal law. One key tip I offer clients is to exercise your right to remain silent. It seems simple but is often overlooked. Whether you're preparing for a preliminary hearing, a motion hearing, or a jury trial, refrain from talking openly—even with your lawyer—during these times. The courtroom is not confidential, and anything said can be overheard. For guidance on your upcoming hearing, contact me at Wirth Law Office. Read more »Navigating Court-Appointed Attorneys: What You Need to Know
Navigating the legal system can be overwhelming, especially when it comes to determining if you qualify for a court-appointed lawyer. As an experienced attorney at Wirth Law Office in Tulsa, Oklahoma, I have seen firsthand the complexities of this process. Many people mistakenly believe they can automatically receive a free attorney for any case, but the truth is, there are specific criteria that must be met. From adoptions to criminal cases, the rules can vary. If you have been denied a public defender but still need legal representation, don't hesitate to reach out. Let's work together to make law easy for you. Contact me, Carl Birkhead, for assistance today. Read more »Key Custody Considerations for Same-Sex Couples
Are you looking to terminate a same-sex marriage and you're wondering how that will impact child custody and visitation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma is here to help make the law easy for you. In a recent blog post, Carl discusses how being in a same-sex relationship may not impact child custody and visitation as much as some may think. The most important factor in any custody case is always the best interest of the child, regardless of the parents' sexual orientation. If you're facing a custody battle and are concerned about how your sexual identity may play a role, don't hesitate to reach out to Carl for guidance. Making the law easy is his priority. Read more »Child Relocation Laws in Oklahoma: Legal Process Defined
Are you facing a situation where you need to relocate with your child? Carl Birkhead, a family attorney in Tulsa, Oklahoma, is here to help. Relocation with a child involves specific legal requirements and considerations, especially if the move is more than 75 miles away. The court will want to ensure the move is in good faith and in the child's best interests. Noncustodial parents have the opportunity to object to the relocation and present their case in court. If you're considering relocating with your child, contact Carl Birkhead at Wirth Law Office for guidance on navigating the legal process. Let us help you make law easy. Read more »Understanding Contested and Uncontested Divorce: A Comparison
Are you facing a divorce and unsure of the difference between a contested and uncontested divorce? As an attorney with Wirth Law Office, I can help clarify the pros and cons of each. In a contested divorce, you're fighting it out in court, which can lead to a lengthy and expensive process. On the other hand, an uncontested divorce means both parties agree on the terms, making it quicker and more cost-effective. As someone who has been through a divorce myself, I understand the importance of peace in such a difficult time. Let's work together to make your divorce as smooth as possible. Contact me today to discuss your options. Read more »Crucial Factors in Child Support Calculation Explained Simply
Do you have questions about child support calculation? My name is Carl Birkhead. I'm an attorney with Wirth Law Office in Tulsa, Oklahoma. I want to help you make law easy by taking a couple of minutes to just explain how child support is calculated and what factors go into it. Child support is a huge part of every custody case that I have, whether it's a divorce or a custody case where marriage wasn't involved. Eventually and inevitably, someone wants to see what the dollars and cents look like. There are a few factors that go into child support. The big one is what's your monthly income. The way the law is written is they want to see what your gross monthly income is, your income before taxes. If it's going to take your income, it's going to take your co-parent's income, your ex-partner, however, you want to describe it, or the other side's income information. There's just an Excel spreadsheet that we plug these numbers into. The most common things that affect a child support calculation are monthly income before tax. Do you have any other kids in the home that aren't covered by this? What that means is do you have any stepkids? Do you have any natural-born kids that aren't part of this situation? Hypothetically speaking, the dad has to pay child support for two kids that he has with Mom A, but he lives with Mom B, and they have three kids together, whether they had kids together or Mom B brought some stepkids into the situation. Those kids living in Dad's home, he's still supporting them, and so having that number in there will affect the child support amount because he gets a credit for it. Another big factor is how many nights the children stay in one home or the other. If you're a non-custodial parent but you have the children for more than 120 nights out of the year, you're entitled to credit for child support, so the amount will go down. The other things that come into it most often are health insurance premiums. Who's covering medical, vision, and dental for the kids? If the non-custodial parent is doing that, they will get a credit. If the custodial parent is carrying that, they will get a credit as well, and a portion of child support will be increased to cover what the non-custodial parent should be paying for that care. Same with daycare. If the non-custodial parent or the NCP is paying for daycare, they'll get a credit, or if the custodial parent is paying for it, then child support will be raised by a certain percentage so that it covers a percentage of that daycare cost. The last thing that I see is if the children are on state assistance, there might be an extra payment that gets calculated to go back to the state to pay the state back for those benefits. It sounds complicated. It's a lot more simple than it sounds because, like I said, it's an Excel spreadsheet. We plug in the numbers, and it just kind of gives us an amount. It's the most immutable part of custody cases because it's just math, and the math is what it is. If you have questions about your child support calculation or you're thinking that you might want to take out a child support case, please give us a call. My name is Carl Birkhead, and I want to help you to make law easy. Thank you. Read more »Maximizing Benefits of Custody Battle Mediation: Expert Advice
Are you in the middle of a custody battle and wondering if mediation can help? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his thoughts on the benefits of mediation. With seven years of experience in family law, Carl believes in taking control of the situation and working towards a settlement rather than leaving it up to a judge. Not only is mediation a more cost-effective option, but it also allows for a more satisfying outcome as you have a say in the resolution. If you're considering mediation for your case, don't hesitate to reach out to Carl for guidance. Read more »Co-Parenting Success: Tips from a Legal Professional
Are you struggling to co-parent with your ex-partner? Carl Birkhead, an attorney at Wirth Law Office in Tulsa, Oklahoma, has some valuable tips for navigating a custody dispute. As someone who practices co-parenting both professionally and personally, Carl emphasizes the importance of respect in all interactions with your co-parent. From maintaining open lines of communication to setting boundaries and prioritizing the well-being of your children, Carl's advice is practical and actionable. If you're facing challenges in your co-parenting relationship, seeking guidance from a legal professional like Carl can help you protect your rights and create a more harmonious co-parenting arrangement. Read more »Evaluating Child Custody: Impact of Criminal Record
Are you curious about whether or not having a criminal record will negatively affect your chances in a child custody situation? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, shares his expertise on how the criminal side intersects with family law. Having a past doesn't define you, and it doesn't automatically make you unfit for custody. Carl discusses the importance of the charges, how long ago they occurred, and how you've worked to better yourself since then. If you're concerned about your criminal record impacting your parental rights, don't hesitate to reach out for guidance. Let Carl and his team help you navigate the legal process with ease. Read more »Missed Court Date? Here's How to Handle It
Facing criminal charges and missed a court date? Attorney Carl Birkhead of Wirth Law Group in Tulsa, Oklahoma, can help. Life happens, but it's crucial to take action if you can't make it to court. Call your lawyer or the court clerks to explain your situation. If a warrant is issued, find out when the next docket is and show up, ready to explain and provide proof of why you missed. And most importantly, be respectful to the court and follow their instructions. Don't make the mistake of disrespecting the court like one individual did, leading to a worse outcome. Let Carl Birkhead guide you through the process and make law easy for you. Read more »Understanding Automatic Temporary Restraining Orders in Divorce
Are you in the middle of a divorce and you're not sure what a temporary restraining order means? My name is Carl Birkhead. I'm an attorney with Wirth Law Office. I want to help you make law easy by just explaining a little bit about what an automatic temporary restraining order is, what it means, how it affects you, and what the do's and don'ts are when operating under one. So I've been doing this for about seven years, and I have issues with the way that this is titled because a lot of my clients, they'll see something in divorce paperwork called an automatic temporary restraining order. That sounds like very scary language. Usually, whenever we hear the words restraining order, we think that someone's done something wrong and they have to be restrained from being around the other side. That's not the case here. It's an order that's put in place to make sure that the marital estate stays intact. It's not accusing anyone of wrongdoing. It's not saying that you're a bad person and must stay away from the other side. No language in there specifically prohibits you from interacting with your soon-to-be ex-spouse, which is fortunate because a lot of times, these are cases that involve children, and you need to be able to interact with your ex. You need to be able to do visitation exchanges. You need to be able to communicate with one another. So what does the ATRO do? Like I said before, it preserves the marital estate. So it prohibits you from taking out any loans or incurring any extra debt. It prohibits you from selling off major pieces of the marital estate. You can't sell the marital home, the house that you guys lived in together. You can't sell any of their personal property. You can't sell any vehicles that you had in each other's names. Like if you and your ex were co-signers on a car loan, something like that, one of you couldn't just go and trade it in and get something for yourself, at least not without the agreement of the other side. The purpose of this is to make sure that neither side gets put in a bad spot in the divorce because once a divorce is started, it's up to the court to equitably divide your property and your debt. So you can't be going and adding on a bunch of debt or selling off a bunch of property because then that adversely disadvantages the other side. I've seen very minor infractions. I've seen very huge violations of the TRO. The best thing that I can advise you in these situations is if you have questions about what you can do with money or property, it's probably governed under the TRO and you should talk with your attorney about it. If you have questions about this and you just think you need some help or some guidance, please feel free to give us a call. My name is Carl Birkhead. I'm with Wirth Law Office, and I want to help you to make law easy. Thank you. Read more »Navigating Child Support for Special Needs Children
Are you facing a situation where you have a child with special needs and you're unsure about how it impacts your parental obligations, particularly when it comes to child support? As an attorney with Wirth Law Office, I have seen how special needs can play a significant role in the family law process, especially when it comes to financial support for the child. In cases where a child with special needs requires ongoing care and support even after reaching adulthood, the courts may extend the child support obligation beyond the age of 18 or high school graduation. It's a challenging and heartbreaking situation, but legal assistance is available to help navigate through these complex issues. If you need guidance or have questions, don't hesitate to reach out. Let's work together to make law easy for you and your family. Read more »Navigating Termination of Parental Rights: Legal Aspects Explained
Are you considering terminating someone's parental rights? Attorney Carl Birkhead from Wirth Law Office is here to help simplify the process for you. In his years of experience practicing family and criminal law, Carl has encountered many situations where one parent wants to terminate the rights of the other. Whether it's due to a lack of relationship with the child or failure to provide financial support, there are legal grounds for termination. Carl explains the steps and requirements involved in this process, emphasizing the importance of having another parent willing to step in and take on those responsibilities. If you're considering this option, don't hesitate to reach out to Carl for guidance. Read more »How To Assert Your Rights As A Father
Are you the father of a child and you want to know how to establish your rights? My name is Carl Birkhead, an attorney with Wirth Law Office. As a parent myself, I understand the importance of ensuring fathers have the opportunity to see their children and have their rights protected. If you have a child out of wedlock, it's crucial to establish paternity to assert your rights. Whether you're seeking custody, visitation, or child support, we can help guide you through the legal process. Don't wait to protect your rights as a father – contact us today for assistance. Let's make law easy together. Read more »What To Do When Visitation Isn’t Happening
Are you being denied visitation with your child? Attorney Carl Birkhead from Wirth Law Office in Tulsa, Oklahoma, has the solution for you. In his seven years of practice, he has dealt with countless cases where one parent refuses to comply with visitation orders. Whether it's around the holidays or due to child support issues, Carl is here to help. By filing a motion to enforce visitation, you can take legal action to ensure you get the time with your child that you are entitled to. Don't hesitate to reach out for assistance and make law easy with Carl Birkhead on your side. Read more »Do You Need an Emergency Protective Order?
If you're in a situation where you feel unsafe and in danger, you may need to consider obtaining an emergency protective order. An emergency protective order, or EPO, is a legal tool that can help protect you from immediate harm. Whether it's a domestic situation or someone stalking and harassing you, an EPO can provide the protection you need. However, obtaining and keeping an EPO can be challenging. It's important to have evidence to support your case and justify the need for protection. If you're in need of assistance with obtaining an EPO, don't hesitate to reach out to us at Wirth Law Group in Tulsa, Oklahoma. We're here to help make the legal process easy for you. Read more »The Truth About Common-Law Marriage
Are you unsure if you are in a common-law marriage? Attorney Carl Birkhead from Wirth Law Office has the answers for you. With seven years of experience, he breaks down what it takes to establish a common-law marriage and what evidence is needed to prove or disprove it. From a meeting of the minds to filing taxes together, Carl explains the key elements that determine if a common-law marriage exists. If you're facing a situation where someone is claiming you're in a common-law marriage when you're not, Carl can help. Reach out to Wirth Law Office for expert legal guidance. Read more »Public Intoxication: What You Need to Know
Public intoxication can have serious consequences, as attorney Carl Birkhead explains. In his years of experience with criminal and family law, he has seen countless cases where individuals have been unfairly charged with public intoxication. One example he gives is of a client who was arrested for simply being in the backseat of a car after a designated driver got into an accident. This client never drove under the influence, yet still found herself facing a PI charge. Carl emphasizes the importance of being cautious when drinking and ensuring you are in a safe environment to avoid any legal trouble. If you find yourself in a similar situation, don't hesitate to contact Carl for help. Read more »How to Enforce Your Child Custody Agreement: A Parent’s Guide
Are you struggling to enforce a child custody order? It can be a frustrating and emotional experience when the other party refuses to abide by the court's decision. That's where I come in. As a lawyer with Wirth Law Firm, I specialize in helping clients navigate the complexities of family law, including enforcing custody orders. Whether you're dealing with visitation issues or custody violations, I can assist you in filing the necessary motions to ensure that your rights are protected. Don't hesitate to reach out for help. Let's work together to make sure that your custody order is enforced effectively and efficiently. Remember, you don't have to go through this alone. Read more »
