divorce-couple

Could No Fault Divorce Be Gone

When couples in the state of Oklahoma want to get divorced, it is difficult enough, especially if children are involved. There are many grounds for dissolution of marriage including abandonment, adultery, extreme cruelty, etc. Probably the most common grounds used for most couples in Oklahoma today are “incompatibility,” and “irreconcilable differences.”

The new proposed bill in the Oklahoma Legislature that could change that option, House Bill 1277, “The Fairness in Fault Act” was introduced by Representative Travis Dunlap. Again, for some couples this would eliminate the “no fault divorce” option, if passed. This bill would apply to couples if minor children of the marriage are involved, if the two parties have been married for at least ten years or if either of the two parties filed an objection to the divorce. The couple would have to prove the marriage is not able to be saved through mandatory marriage counseling for six months.

The bill states that one of the parties could be ordered by the judge, if found to be at fault in the marriage, to pay court costs, attorney fees, and the other spouse could be awarded three-fourths of the marital assets.

Couples could use the option of incompatibility and irreconcilable differences only if they were married ten years or less, there are no minor children of the marriages and if neither party objected to the divorce.

Oklahoma has one of the highest divorce rates in the country; however, this bill does not take into account the number of women and their children in abusive relationships and family situations where a divorce should be granted as quickly and painlessly as possible.

 

The bill passed the House Judiciary-Civil and Environmental Committee and is waiting to be heard on the House Floor.

Did you know your favorite drink could lead to a DUI?

Cocktails at the bar

Cindy typically unwinds at the end of the day with a glass or two of wine. She may kick off her shoes after work and pour a glass as she changes from slacks to her sweat pants on any given day. Typically, she sips on it as she prepares dinner for her family, and may have another glass after the kids go to bed while watching her favorite show. Cindy doesn’t consider herself a heavy drinker by any means, and feels her two drinks a day are well within an acceptable limit for maintaining sobriety, so when a couple of girlfriends invite her out for happy hour she doesn’t think twice about her second Cosmopolitan before paying her tab and getting in the car to drive home – until she sees the flashing lights in her rear view mirror and begins digging for breath mints. Could Cindy’s measly two drinks have really impaired her driving?

All drinks are not created equal.

Defining how much alcohol you are consuming by how many drinks you have in one setting can be misleading. The problem with this is that different types of alcohol also have varying amounts of alcohol content. From lowest to highest, wine coolers have the least alcohol content, with beer following, then wine, then hard liquor (or mixed drinks).

As a matter of fact, size DOES matter.

Additionally, while you may pour yourself only what equals a cup of liquid at home, a bartender at a restaurant may pour a cup and a half. Even the size and shape of the glass can fool your eye into thinking you’re not drinking as much as you really are. Then, to top it all off, you might be getting your drink topped off! If you’re at a party where servers or your host are looking after you, they may be topping off your glass when you’re not looking. This can lead to overconsumption when you think you’ve only had a couple of glasses when in fact you’ve had 4 or 5.

At Risk for DUI

Even though you may be a very responsible person who would never knowingly get behind the wheel of a car when you are under the influence, it can be very easy to consume too much without realizing it. Getting a DUI when it’s completely out of your character can be incredibly embarrassing, and expensive in more ways than one. Besides your reputation, it will cost you in legal and court fees, and may even cost you to take defensive driving classes or undergo rehabilitation.

Don’t let a DUI ruin your life. Oklahoma DUI Attorney Frank Hagedorn has over 35 years experience in law and is a former district attorney in Tulsa. He specializes in DUI defense and can help you ensure that one too many drinks doesn’t destroy you.

Call the office of Frank Hagedorn Law Firm today at 918-494-6601 or contact us online.

Stopped for DUI-Don’t Refuse Breathalyzer

drunk driving

If you are stopped for suspicion of a DUI in Oklahoma, do not refuse to take the breathalyzer test.  If it’s your first offense, refusal to take a breathalyzer test will result in an automatic six-month suspension of your driving privileges. If you have a previous DUI or APC conviction,  it will count as if this were your second refusal, which is punished by a one-year suspension of your driving privileges whether or not you are convicted of the offense.  The failure to take a breathalyzer  test is a violation of the driving privileges controlled by the Department of Public Safety, separate and apart from the arrest and court proceedings. If arrested, to prevent the automatic suspension,  the test should be taken. If you have been arrested for an alcohol offense while driving,  contact  Frank M. Hagedorn,  Attorney at Law. Our firm has extensive experience and can guide you through the complex legal system involved with a DUI.