Family Law
A divorce can be a stressful and emotional event. The issues can be diverse and complex but with skilled legal representation, you can ensure that your rights and interests are protected. The firm of Charles W. Gass, PLLC, is experienced and successful in family law litigation and we work aggressively to achieve your objectives.
If you are considering filing for divorce or have been served with papers in a divorce, you need an experienced and skilled attorney to represent you. Call 405 354-7227 today to schedule your free initial consultation.
Areas of Family Law Representation
Divorce, Child Custody, Child Support, Alimony and Spousal Support, Visitation, Modifications, Adoptions, Paternity.
Divorce Frequently Asked Questions
What are my rights? What can I expect?
These are the two most common questions asked by individuals facing a divorce matter. The law firm of Charles W. Gass, PLLC is experienced in handling family law matters and can help you through this difficult process with dedication, skill and compassion. Call (405) 354-7227 today to schedule a consultation or schedule your appointment online. The initial consultation is free and there is no obligation to you.Can I file for divorce in Oklahoma?
At least one party must be an actual resident of Oklahoma for at least six months before filing.Where will my case be filed?
A petition for divorce may be filed in the county where the petitioner has resided for at least 30 days prior to the filing of the action. A petition may also be filed in the county where the respondent resides. If both parties have filed for divorce in separate counties, the case will be heard in the county where the first petition was filed.What are the grounds for divorce in Oklahoma?
Oklahoma law provides for 12 grounds upon which a divorce may be granted. Incompatibility, extreme cruelty, adultery, gross neglect of duty, and abandonment for a period of one year are the most often cited grounds.What happens once a divorce action is filed?
What happens depends on the circumstances of the case and the intention of the parties involved in the litigation. A divorce may be a relatively simple process or it may be very complex. Generally, once the petition is filed, the respondent must be given proper notice of the action unless waived. The respondent then has at least 20 days to file a response and counterclaim. At the time the petition is filed, an application for a temporary order may be filed which will require the parties to appear for a hearing that may address many issues during the pendency of the litigation. Although the issues that may be addressed at a temporary order hearing are numerous, generally matters relating to child custody and support, visitation, spousal support, disposition of property and debt, and temporary living arrangements are most often determined.If an agreement is reached between the parties, only one party is required to appear in court for sworn testimony. In contested divorces, it is not uncommon to have multiple hearings and numerous motions after the filing of the petition but before the matter goes to trial. If the case goes to trial, both parties are required to appear and the matter is heard before a judge.
There are numerous factors and considerations that must be addressed and assessed in a divorce matter. Oftentimes a great deal is at stake for both parties and emotions run very high. An experienced attorney can protect your interests and your rights during this stressful and emotional time in your life and navigate you through all the legal complexities.
How long will I have to wait for my divorce to be final?
In cases involving minor children, an order will not be issued for at least 90 days unless this waiting period is waived for good cause and neither party objects or in situations where waiting period waiver is expressly permitted by law. In cases where there are no minor children, the waiting period is for at least 10 days. Neither party may remarry after the divorce is final for at least six months.
Criminal Law
Charles W. Gass, PLLC provides criminal defense representation from minor to major criminal charges in both state and federal courts. Call 405 354-7227 today to schedule your free initial consultation.
Any criminal charge, felony or misdemeanor, can be a serious matter. Criminal convictions can carry fines as well as jail time, and depending on the charge, both can be substantial. A criminal conviction can have serious effects on your present and future employment. The District Attorney's job is to prosecute you to his or her best ability and that is why you need an attorney who will vigorously defend your interests because your freedom and future is at stake.
My fees depend on the facts and circumstances of your individual case, but payment arrangements are available, and I believe you will find my fees to be reasonable and competitive.
The earlier you retain a lawyer, the more time your lawyer has to construct an informed and well-planned defense for you.
Criminal Law Frequently Asked Questions
The law firm of Charles W. Gass, PLLC is experienced in handling criminal law matters and can help you through this difficult process with aggressiveness, dedication and skill. Call (405) 354-7227 today to schedule a consultation or schedule your appointment online. The initial consultation is free and there is no obligation to you.
Why do you need an attorney?
Any criminal charge, felony or misdemeanor, can be a serious matter. Criminal convictions can carry fines as well as jail time, and depending on the charge, both may be substantial. A criminal conviction can have serious effects on your present and future employment. The District Attorney's job is to prosecute you and that is why you need an attorney who will vigorously defend your interests because your freedom and future is at stake.What should I do if I am ever arrested?
Invoke your right to remain silent and request to speak to an attorney. You are not required to speak with the police and once you have invoked your Constitutional right, questioning must cease. Remember, your voluntary statements to the police may be used against you to build the prosecution's case and convict you. The U.S. Supreme Court has substantially diminished the duration of an individual's 5th Amendment invocation to two weeks. Therefore, as a practical matter, if you are re-approached by the police for a subsequent interview, you should invoke your Constitutional right again.What is the difference between a felony and a misdemeanor?
The distinction between felony and misdemeanor crimes is based on the seriousness of the offense. Generally, felonies are considered to be more serious in nature and therefore carry a more severe punishment if you are convicted. More often than not, a felony will carry a prison term in excess of one year, whereas a misdemeanor will usually carry a jail term of less than a year.What happens after charges are filed against me?
Your first appearance in court is the Arraignment. At the Arraignment you will be informed of the charges against you, your legal rights, your next court date, and your bond will be set. At this time your attorney may be able to have your bond reduced or secure your pre-trial release with an own-recognizance (O.R.) bond.Your next court date is referred to as a Preliminary Hearing Conference or Disposition. Although you are required to appear on these dates, these hearings are generally when your attorney and prosecutor will meet to discuss your case and the possibility of a plea agreement. There are benefits and disadvantages with a plea agreement and your attorney will be able to evaluate strength of your case and advise you on a prudent course of action. A plea agreement is only an offer and you are by no means obligated to accept it. Should you accept a plea agreement, you are waiving your right to a hearing, your right to attack the evidence, to confront witnesses, and you are releasing the prosecution from the burden of proving your guilt beyond a reasonable doubt. Your attorney's duty is to develop your case strategy, protect your rights and pursue your best interests. As such, the acceptance of a plea agreement is often ill-advised. While you may opt to accept the plea agreement and enter a plea of guilty, you may still decline to accept the plea agreement and enter a blind plea in front of a judge. Your sentence is at the sole discretion of the judge and you forfeit the right to withdraw your plea and go to trial. For obvious reasons, this approach is often very ill-advised.
If you are charged with a felony, you have a right to a Preliminary Hearing. The purpose of the hearing is to determine whether the evidence, as presented by the prosecution, shows that (1) a crime was committed, and (2) that it is likely that you committed the crime. This hearing is often referred to as a Probable Cause hearing and the burden of proof on the prosecution to establish these two elements are much lower than at trial. Nonetheless, a great deal of information can be gleaned from this hearing and therefore should only be waived in limited circumstances.
In any criminal case, there are various hearings and motions that will occur based on the stage of your case or may occur based on the facts and circumstances in your particular matter. Your attorney will be able to navigate you through these legal complexities and keep you informed every step of the way.
Should you decide to go to trial, the state must prove your guilt beyond a reasonable doubt. You have the right to have your case heard before a jury or you may opt for a bench trial in which the judge will decide your guilt or innocence. Like many issues involved in criminal litigation, whether or not to waive a jury trial is dependent on the facts and circumstances in your matter and there are many pros and cons. Your attorney will be able to make an informed assessment as to a course of action that will serve your best interests and advise you as to your options.
The earlier you retain a lawyer to assist you, the more time your lawyer has to construct an informed and well-planned defense for you.
