Wirth Law Office Bartlesville

03/29/2023

U***d Parents’ Rights in Oklahoma: Understanding Custody and Visitation

https://www.bartlesvilleattorney.com/bartlesville-lawyer-blog/2023/03/unwed-parents-rights-in-oklahoma-understanding-custody-and-visitation/

03/28/2023

Oklahoma Divorces and Real Estate: How Joint Efforts Affect Property Division

https://www.bartlesvilleattorney.com/bartlesville-lawyer-blog/2023/03/oklahoma-divorces-and-real-estate-how-joint-efforts-affect-property-division/

12/01/2020

07/18/2019

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10/10/2016

The Oklahoma Supreme Court ruled it is unconstitutional for big companies such as Wal-Mart and Lowe's to opt out of state workers' compensation insurance in favor of writing their own plans.

09/16/2014

If you are unaware of the difference between DUI and DWI in Oklahoma, you are one of the many. In Oklahoma, DUI stands for Driving Under the Influence, while DWI stands for Driving While IMPAIRED. Read further to find out the difference between DUI and DWI in Bartlesville, Oklahoma.

DUI vs DWI In Bartlesville
In Oklahoma, the difference between the two is actually a matter of how high your blood alcohol content (BAC) is at the time you were stopped. If you are over 21 and you get pulled over after drinking and driving, you can, and probably will, be charged with DUI if you are mentally impaired or have a blood alcohol level above .08. If your BAC is above .05 but below .08, you can be charged with DWI, a less serious offense.
The main difference between DUI and DWI charges is in the seriousness of the penalties. Although both charges will get your license to drive revoked, for a DWI charge the revocation periods are much shorter than for DUI: 30 days for the first offense, 6 months for the second offense and 1 year for the third offense for DWI; as opposed to 6 months, 1 year and 3 years respectively for a DUI.
Oklahoma also has a "zero-tolerance" policy in regards to those who are under the legal drinking age and caught driving with alcohol in their system. Since it's forbidden for you to drink, period, it's forbidden for you to drive after drinking any amount of alcohol.
If you are under the legal drinking age of 21 and have any detectable amount of alcohol in your system, even if you are not impaired, you can be charged with DUI Under 21. However, you can still be charged with a regular DUI if your BAC is above .08. The choice is left up to the arresting officer.
The laws are even more strict if you are under the age of 18 and are arrested for any alcohol-related offense, even if you were merely in possession of alcohol but not driving at the time. Your license to drive could be revoked for a period of 6 months up to 2 years, depending on the circumstances and your juvenile record.
Free Consultation: Bartlesville DUI Attorney
You can speak with a Bartlesville DUI defense attorney simply by taking a moment to call the Wirth Law Office – Bartlesville lawyer for a free, no-obligation phone consultation. All you have to do is call (918) 213-0950 or toll-free at (888) Wirth-Law (888-947-8452).

Or, if you prefer, submit the “Ask an Attorney” form at the top right of this page. Either way you reach out to our team we will return your call in the timely manner that you deserve.

09/12/2014

Good estate planning involves more than just preparing a will. It not only involves planning for the disposal and finalization of your estate after you die, it also involves avoiding probate, reducing estate taxes, planning for your needs should you become unable to care for yourself, protecting your estate from unforeseen creditors and providing for the protection of those who will inherit your estate.
Good estate planning is as important for single people as it is for married couples; and what follows is a few helpful estate planning tips that will benefit you whether you are young, old, married, single, with or without children.

Bartlesville Estate Planning Tips


Prepare a will. A valid will allows you to designate an executor for you estate, to name who inherits your assets and to establish guardians for your minor children.




Create a revocable living trust. A revocable living trust differs from a will in that it covers how your estate is to be dealt with in all of the following three scenarios:



when you are alive and healthy.


when you are incapacitated.


when you die.




A revocable living trust will contain provisions to allow you to manage your own estate while you are alive and well, but it will also name a disability trustee who will manage your estate in the event you become mentally incapacitated. It will also outline how this trustee should dispose of your estate if you die, and it will name those who should receive the balance of your estate after all bills have been settled.



Draw up a power of attorney. You can draw up a power of attorney to authorize someone to handle your affairs when you are unable to. Multiple power of attorneys may be drawn up, each for different purposes. For instance, you may draw one up for an accountant who will manage your finances and another for a family member who will make medical decisions on your behalf.




Create a living will. A living will, also known as a health care declaration, can allow you to let your wishes be known when a decision needs to made regarding life-prolonging medical treatment.




Update your beneficiary designations. Beneficiary designations in documents, such as your life insurance policy or banking and/or investment accounts, will allow you to name who will receive the proceeds of these accounts when you die and allow the funds to avoid probate. Whoever you designate in these documents will inherit the underlying assets regardless of what your will or trust says. So, you must make it a point to review and update your beneficiary designations every so often, especially after major life events such as the the birth of a child, marriage or divorce.




Consult with an attorney. Finally, each individual's estate planning needs are unique and will depend on a variety of factors. An experienced Bartlesville estate planning attorney can assist you in determining which estate planning options provide the best protection for you and your family.


Free Consultation: Bartlesville Estate Planning Attorney
You can be speaking for free with a Bartlesville estate planning attorney within minutes at the Wirth Law Office – Bartlesville. Simply dial (918) 213-0950 or toll-free (888-947-8452). If you prefer written correspondence, submit the “Ask an Attorney” form at the top right of this page.

06/23/2014

Generally, how you acquire U.S. citizenship depends on whether you are applying for naturalization as a foreign national or for citizenship based on your parentage. Thus, there are fundamentally two common ways to obtain U.S. citizenship. Here’s how!

Citizenship by Birth
Perhaps the simplest way to obtain U.S. citizenship is by:



Being born in the United States, its territories or outlying possessions.




Applying for citizenship based on the fact that at least one of your parents was a U.S. citizen, or:




Lived in the U.S. or its territories.
Spent time serving in the U.S. military.
Was employed by the U.S. government.
Was employed by certain designated international organizations.


If you qualify for U.S. citizenship by birth or parentage as described above, you may already be a U.S. citizen, in which case you must simply apply for a Certificate of Citizenship by filing Form USCIS FORM N-600 or N-600k.

Citizenship by Naturalization
The second most common route to U.S. citizenship is through the process of “naturalization.” In the United States, naturalization is the process by which a non-citizen acquires U.S. citizen by meeting certain statutory requirements.
Generally, in order to be naturalized as a U.S. citizen, a non-citizen must satisfy the following requirements:



Permanent residency in the U.S. for a period of 5 years (3 years if you are the spouse of a U.S citizen), or service in the U.S. military.


Continuous residency in the U.S. for 5 years before applying.


Physically present in the U.S. for at least 30 months (5 years).


Be at least 18 years old.


Display good moral character.


Be tested on the fundamental aspects of U.S. government and history.


With the exception of those who are older than 50 or disabled (physically or mentally), display a basic proficiency in English by test.


Summary
The most common routes to U.S. citizenship are 1) by birth or parentage, which will only require you to apply for a Certificate of Citizenship; or 2) by the process of naturalization, which will require you to satisfy various statutory requirements to be granted citizenship.
U.S. immigration law is complex, and there are various other ways that a non-citizen can acquire citizenship. It is not possible, however, to list every way in which an individual may be eligible to apply for U.S. citizenship. So, you should consult an experienced immigration attorney for specific advice on how your circumstances might enable you to apply for and obtain U.S. citizenship.

Free Consultation: Bartlesville Immigration Attorney
You can be speaking with a Bartlesville immigration lawyer within minutes. The Wirth Law Office – Bartlesville offers free, no-obligation phone consultations. Call (918) 213-0950 or toll-free at (888) Wirth-Law (888-947-8452). If you prefer, submit the “Ask an Attorney” form at the top right of this page.

06/18/2014

Couples get married for a variety of reasons: love, money and/or convenience. This often takes place during a fancy ceremony where the couple exchanges wedding vows before friends and family. Sometimes, however, a marriage takes place during a simple ceremony before a judge, justice of the peace or clergyman.
But regardless of why and how couples get married, they are entering into a contract with each other that will only be valid under certain conditions. This article will help you learn what steps must be taken to render a marriage valid, and if there are alternatives ways for couples to share their lives in Oklahoma.

Marriage as a Contract in Oklahoma
Although most marriage in Oklahoma begins as a romantic arrangement, a marriage, in all actuality, is a legally binding contract between two individuals. This means that, like with all other contracts, certain requirements must be met to render a marriage valid.

Eligibility for Marriage in Oklahoma
In order for a marriage to be valid in Oklahoma, each individual must be unmarried and at least 18 years old. If either party is under 18 years of age, they can only get married if they have the written consent of their parent or legal guardian, and when authorized by the court.

Marriage Between Members of the Same S*x
Oklahoma does not allow marriage between members of the same s*x, nor will a marriage between persons of the same s*x performed in another state be recognized as valid and binding in Oklahoma.

The Marriage License
Before you are allowed to get married in Oklahoma, you must first obtain a marriage license from a judge or clerk of an Oklahoma district court authorizing you and your intended spouse to get married.
To get a marriage license, you will have to do the following:


Pay a fee
Prove that you are 18 years of age or be accompanied by a parent or guardian,
Be able to present a valid Driver's License or a Certified Birth Certificate

Once issued, the license is good for 10 days only and it must be returned to the court clerk to be recorded within 5 days of the wedding ceremony, which must have been performed by a person registered with the State of Oklahoma to perform weddings.

The Benefits of Marriage in Oklahoma
Once legally married, you and your spouse will enjoy certain legal rights and privileges that are not available to unmarried couples, namely:


The division of property in divorce.
The right to be considered your spouse’s next of kin.
The right to inherit your spouse’s estate.
The right to any benefits and assets that acrue to your spouse’s survivors upon his or her death, such as life insurance and Social Security benefits.
The right to file joint tax returns.

On the other hand, your marriage will be subject to certain rules and restrictions, primarily that you can only be married to one person at a time; and that if you no longer want to be married, you will have to go through the formal process of legally dissolving your marriage, which entails dividing your property equitably, deciding who gets custody of your children and determining the amount of spousal and child support to be paid.

An Alternative to Marriage in Oklahoma
These days, it is increasingly more common for couples to live in longterm, loving relationships, without ever choosing to marry. Fortunately for those who chose this lifestyle, Oklahoma offers an alternative to marriage with all the same rights and benefits.
In Oklahoma, you can enjoy all of the benefits of being married without having to go through any of the traditional formalities. Your relationship must, however, meet the following requirements:


You must present yourselves publicly as a married couple.
You must be legally eligible to be married, which means you must be old enough to marry legally, and not already married.
You must mutually agree to be married.
You must live together as man and wife for a specified length of time.

If you can sufficiently document that your relationship meets all of these requirements, you may be considered legally married in the eyes of the law. This is called a common law marriage and will confer upon you all of the legal rights, privileges and restrictions as a traditionally married couple.

Free Consultation: Bartlesville Family Lawyer
For more information regarding the requirements for getting married in Oklahoma, contact us. The Wirth Law Office- Bartlesville brings a solid track record of successful family law work in Washington County, Oklahoma.

For a free, confidential and no obligation consultation with an experienced Bartlesville family lawyer, simply call (918) 213-0950. If you prefer, you can email us at [email protected] or use the box in the upper right-hand corner of this page to send the Bartlesville attorney a brief question or message.

06/18/2014

In an effort to give you a greater understanding of how misdemeanors are handled in Oklahoma, this is a basic description of the misdemeanor process in Oklahoma.

Pre-trial Investigation in the Oklahoma Misdemeanor Process
In Oklahoma, a misdemeanor can be prosecuted either in a state or municipal court. In either case, the process often begins prior to your arrest or being charged with any criminal offense.
In this phase of the process, known as pre-arrest investigation, the authorities will gather information regarding the case, and, many times, seek to get a statement from you in order to determine if there is actually enough cause to charge you. If it is subsequently concluded that there is enough cause, a warrant then will be issued for your arrest.

Your Arrest
In cases where there is no pre-trial investigation, your case will commence once you are arrested and booked. At this time, you will be physically taken into custody on a misdemeanor charge, photographed, fingerprinted and placed inside a cell; or, with respect to the nature of the charge against you, you may be released and given a date to appear in court again for your arraignment.
Certain crimes, such as shoplifting, typically don't require the police to take you into custody, and you might just be issued a ticket and released along with a date to return to court for your arraignment.

The Arraignment
The arraignment will be the the first occasion when you come before a judge during the Oklahoma misdemeanor process. At this stage, you will appear in court before the judge, who will explain the charges against you and set your bail, in the event it hasn't already been set. You'll typically then enter a plea of not guilty and be supplied with a date to reappear in court.
In the event you have retained a defense attorney before your arraignment, they can appear in court to respond to the charges on your behalf, with no need for you to attend.

Discovery Request in the Oklahoma Misdemeanor Process
Once you've been arraigned in the Oklahoma misdemeanor process, your attorney is allowed to make what is called a discovery request to obtain all of the information the authorities have compiled in support of the prosecution's charges against you. This information may include the police report, as well as any witness testimony that has been obtained.
As soon as your attorney receives this information, he or she will have a better understanding of the strength of the prosecutor's case against you and will be able to organize your defense accordingly.

Jury Trial Sounding (JTS) Docket or Conference Docket
The next phase in the Oklahoma misdemeanor process is the Jury Trial Sounding (JTS) Docket or Conference Docket. During this phase, your defense attorney and the prosecutor will commence negotiations to settle the case by way of a plea bargain, wherein you will be given the choice to plead guilty to the charges against you in exchange for having your charges or sentence reduced. Many misdemeanor cases are settled at this point with no need for a trial. However, if no plea bargain can be made, the case will proceed to a discovery hearing.

Discovery Hearing
During the discovery hearing in the Oklahoma misdemeanor process, which must transpire ten days ahead of the jury trial, the prosecution, as well as your defense, will disclose whether or not they have indeed exchanged discovery, which must include all police reports, witness testimony and recorded evidence.

The Trial
Ten days after your discovery hearing, you will be tried before a jury of six citizens (versus twelve for a felony case) who must all agree on a verdict.
Anyone charged with a criminal offense has the constitutional right to be 1) tried before a jury 2) represented by an attorney and 3) presumed innocent before being found guilty, as well as the right to cross examine any witness who testifies against them in court. Furthermore, the prosecution has the burden of needing to prove your guilt “beyond a reasonable doubt.”
If the jury returns a guilty verdict, your trial will proceed to the sentencing phase, where the judge will pronounce the sentence you must complete for the crime. If, on the other hand, you are found not guilty, you will be free to go.

Confidential Consultation: Bartlesville Misdemeanor Defense Attorney
For more specific information regarding the Oklahoma misdemeanor process, contact The Wirth Law Office - Bartlesville. A Bartlesville criminal defense attorney brings a solid track record of successful misdemeanor defense work in Bartlesville and Washington County, Oklahoma. For a free, confidential and no obligation consultation with an experienced Bartlesville misdemeanor defense attorney, simply dial (918) 213-0950.

If you prefer, you can email us at [email protected] or use the box in the upper right-hand corner of this page to send us a brief question or message.

06/18/2014

Among the biggest concerns of divorcing spouses is how the assets that they have shared during their marriage will be divided after they divorce. Who will get the house? The car? The dog? States vary regarding how marital property is divided in a divorce. Here is a brief explanation of how property is divided between spouses in a Bartlesville divorce.

Equitable Division of Property in a Bartlesville Divorce
The division of property in Oklahoma is based upon the concept of "equitable division." Equitable division means that your marital property will be divided equitably between you and your spouse.
This doesn't suggest that your property will be divided equally, but in a judicious manner according to various factors such as your children’s needs and your individual contributions to the total amount of marital property.

What is Marital Property?
Marital property encompasses any assets, or value in those assets, that were acquired during the course of your marriage, individually or jointly. With a few exceptions, this excludes any property that was acquired before you got married or after you were permanently separated. Also, anything that you individually inherit or receive as a gift during marriage will be exempt from being classified as marital property.

How are Your Debts Divided in Bartlesville Divorce?
Your debt will be handled in the same manner as your assets. Debts acquired during your marriage will be divided equitably between you and your spouse, while each one of you will be individually responsible for any debt you personally acquired before you were married or after your were permanently separated.

What is a Marital Settlement Agreement?
The division of marital property (and debts) is often decided by divorcing spouses in what is referred to as a “Marital Settlement Agreement,” which can also detail child support, child custody and spousal support arrangements. This agreement is then ordered and decreed by an Oklahoma divorce court in the Decree of Divorce, which is the official document that confirms the dissolution of your marriage.
In the event you and your spouse cannot arrive at an agreement regarding how your property will be divided, the court will divide your property for you. Typically, only your marital property will be divided, unless fairness or the interest of your children requires the court go beyond marital property.
When making a decision whether assets beyond marital property will also be divided during your divorce, the court will consider a variety of factors, such as how long you have been married, your individual ages, incomes, medical expenses, and the cost of childcare.

Prenuptial Agreements
Prenuptial agreements are valid in Oklahoma and they may be used to dictate the distribution of property during your divorce. However, the courts will often modify the terms of these agreements if it finds them to be unreasonable, improperly executed or against what is in the best interest of your children.

Free Consultation: Bartlesville Divorce Attorney
For more information on how your property is divided between you and your spouse in a Bartlesville divorce, contact Wirth Law Office - Bartlesville. Whether your case requires a courtroom confrontation or you are seeking an out-of-court resolution through firm negotiation, contact Bartlesville divorce attorney Peter J. Knowles today for a free consultation.

If you would like a free consultation with a Bartlesville, Oklahoma divorce lawyer, call today — (918) 213-0950, call toll free at (888) 947-8452 or submit the question form at the top right of this page.

06/18/2014

A DUI arrest should never be taken lightly. The consequences of a DUI conviction are severe, but a skilled defense attorney will equip you to fight a DUI in Bartlesville.

A DUI in Bartlesville
You should never take a DUI arrest lightly. Even a conviction on a misdemeanor DUI charge can result in a fine of up to $1200 and a minimum of 10 days in jail.
What's more, after you have been convicted on a first DUI charge, a second arrest in a 10 year period can be charged as a felony, which will be subject to a minimum of 1 year in prison and a fine if up to $7500.
Furthermore, if convicted on a felony charge, you may lose your driver’s license and your rights to vote, you may be prohibited from working or joining the military and you may face obstacles in finding housing.
Therefore, it is important that you fight to keep a first DUI conviction off of your record.

Ways to Deal with a DUI in Bartlesville
There are essentially two general ways to deal with a DUI charge in Bartlesville:
1) plead guilty, pay the fine and have a DUI go on your record.
2) pay an attorney to fight the charge and keep your record clean.
Just because you are charged with a DUI doesn't mean that you will be convicted. Depending on your record and the circumstances of your arrest, with the aid of an experienced DUI attorney you can fight to get the charge dismissed and keep the DUI off of your record, or at least to minimize the consequences of your conviction.
However, if you plead guilty, you are likely to receive stiffer penalties, even for a first offense, and have a DUI conviction on your record, which will in turn put you at risk of receiving much harsher penalties should you unfortunately be charged with a subsequent DUI in the following ten years.

Fighting a DUI in Bartlesville
First of all, it's important to remember that the state must prove its case against you beyond a reasonable doubt. If it is unable to prove any elements required for a DUI conviction, or if the police violated any rules in making the traffic stop or in administering to you the Breathalyzer or field sobriety test, it will fail to prove its case beyond a reasonable doubt and the charge against you will be dismissed.
Thus, the two most common ways of fighting a DUI in Bartlesville are 1) challenging the arresting officer’s right to stop you and 2) challenging the validity of the Breathalyzer or field sobriety test that was administered to you after you were stopped.
In many cases, an experienced DUI attorney can review the details of your arrest to look for violations in protocol that can lead to the dismissal of the charges against you. For example, if the arresting officer did not see you committing any traffic violation, the officer may not have had sufficient reason to stop you and your attorney may petition the court to dismiss the case against you.
Likewise, the officer may not have administered the Breathalyzer or the field sobriety test to you in accordance with standard procedures, or the officer may have forgotten to test you at all. If your attorney can prove that the officer did not follow standard procedure in ascertaining your blood alcohol level, your case may be dismissed.
In any event, only an experienced DUI attorney will have the skills to spot these violations and use them in your defense. So, it would be to your advantage that, before you decide how you will deal with a DUI in Bartlesville, you consult with a Bartlesville DUI attorney who can advise you on the best way to fight the charge.

Free Consultation: Bartlesville DUI Attorney
For more information on how you can fight a DUI in Bartlesville, contact an experienced Bartlesville DUI attorney. You can speak with a Bartlesville DUI defense attorney simply by taking a moment to call The Wirth Law Office – Bartlesville lawyer for a free, no-obligation phone consultation. All you have to do is call (918) 213-0950 or toll-free at (888) Wirth-Law (888-947-8452).

Or, if you prefer, you may submit the “Ask an Attorney” form at the top right of this page. Either way you reach out to our team, we will return your call in the timely manner that you deserve.