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Oklahoma General Prison Talk, News, Introductions & Chit Chat Topics & Discussions relating to Prison & the Criminal Justice System in Oklahoma that do not fit into any other Oklahoma sub-forum category. Please feel free to also introduce yourself to other members in the state and talk about whatever topics come to mind that may not have anything to do with prison.

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Old 09-03-2017, 07:19 PM
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HizLoopy47 HizLoopy47 is offline
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Default Does Oklahoma honor POA for divorce?

My fiancé has granted me POA & in that POA he has specifically stated that I am able to act on his behalf in court proceedings including divorce. He was advised that I could use my POA to appear at his hearing on his behalf since OK DOC has not been allowing him to appear in court for his divorce. Does anyone know if there is any truth to this? They allowed me to submit all of the paperwork last time we filed but we didn't have the POA so they dismissed the case. His ex will not file because she doesn't want us to marry, she's been absent for 13 years and only comes around to keep drama going with the family. I have a one year old son with him and have been with him for 3 years and we just want to move on with our lives. Any information is greatly appreciated.
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Old 09-03-2017, 07:24 PM
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No, you cannot appear in court to act on his behalf. POA just means you can help with basically financial and medical decisions. It does not mean you can play attorney.
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Old 09-03-2017, 07:36 PM
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Thanks, I don't understand why he was told that or OK makes it so hard to get divorced. All the have to do is allow him to go to court or appear by phone but the prison won't do it. This chick said she's seeking alimony butI don't see how since he's been incarcerated the entire time they've been married with the exception of like 6 months and he can prove her absence. Ugh. She isn't concerned with getting married because she's a leeching lesbian and no one wants to deal with her for long so she's fine holding him hostage.
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Old 09-03-2017, 08:20 PM
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Look, if a Court signs off on a bench warrant or signs an Order that he be permitted to testify by telephone, then that is what will occur. But either he (or counsel if represented) has to make the appropriate Motion and properly file it, to include notice to the other Party.

If alimony is permitted in that jurisdiction, then the incarceration does not matter. Neither does her current sexual orientation.

Oh, and since he is still married, it is difficult for you to be a fiancee...for the obvious reasons. Holding yourself out as such could actually HARM him in divorce proceedings since it demonstrates that HE has not upheld the marital vows.
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Old 09-04-2017, 12:52 PM
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I understand what you are saying and in Oklahoma adultry is grounds for divorce and we have proof that her two youngest children are a result of her infidelity to him. And he can prove that he hasn't even communicated with her because she up and disappeared with her girlfriend before he was even sentenced and came back when she found out he was having a son(his only son) she thought she could just come back but by then he was already back in jail and she has since AGAIN disappeared. They're now 12 & 10. I can also prove that not only did I not meet him until years later but we did not have a relationship until after the fact. I bring up the alimony because he's been incarcerated and hasn't received a dollar so how can he pay for someone when he wasn't even able to support himself. Mind you she is on SSI but she technically makes more money than him anyways. But I've already spoken to our lawyer so we will just take that route I was just trying to save a few dollars since I do have two children to provide for myself and we got all the way to the last step last time with it.
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Old 09-04-2017, 06:03 PM
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Quote:
Originally Posted by HizLoopy47 View Post
I understand what you are saying and in Oklahoma adultry is grounds for divorce and we have proof that her two youngest children are a result of her infidelity to him. And he can prove that he hasn't even communicated with her because she up and disappeared with her girlfriend before he was even sentenced and came back when she found out he was having a son(his only son) she thought she could just come back but by then he was already back in jail and she has since AGAIN disappeared. They're now 12 & 10. I can also prove that not only did I not meet him until years later but we did not have a relationship until after the fact. I bring up the alimony because he's been incarcerated and hasn't received a dollar so how can he pay for someone when he wasn't even able to support himself. Mind you she is on SSI but she technically makes more money than him anyways. But I've already spoken to our lawyer so we will just take that route I was just trying to save a few dollars since I do have two children to provide for myself and we got all the way to the last step last time with it.
That adultery thing is a two-way street...his dating you is ALSO adultery because he KNOWS he is STILL married. It does not matter WHEN you met him. You holding him out as your fiance is indicia of HIS adultery...
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