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If you have a CDL (Commercial Driver’s License), and you are convicted of DUI (driving under the influence) then the state will suspend your CDL for a certain period of time. The length of your suspension depends on a variety of factors, as I discuss in this post. Length of Time Your CDL Could Be Suspended for DUI Federal law says that if you are convicted of DUI, a state must suspend your CDL according…
There are many ways that a non-citizen can enter the United States. The large number of pathways to entry can cause confusion for many people. One question that is often asked is, “What’s the difference between an immigrant visa and a non-immigrant visa?” What’s the Difference Between Immigrant and Non-Immigrant Status? First, let’s look at the definition of “immigrant” and “non-immigrant.” Title 8, Section 1101, of the United States Code, contains most of the…
In Oklahoma divorce, separation, and annulment cases, the court can order one spouse to pay alimony to the other spouse. The Oklahoma Supreme Court has ,explained that “the primary purpose of alimony is to provide for the support and maintenance of the divorced party.” In Oklahoma, courts are to determine alimony based on two factors: 1. The need of the recipient arising from the marriage. Note the words “arising from the marriage.” An Oklahoma appellate…
Yes. If you own property in joint tenancy, then you may sell your share to anyone you choose. The other owner can’t stop you, even if the other owner objects. However, you may only sell your share; the other owner will still hold his share. The other owner will then hold the property along with the new owner, not in joint tenancy, but as a tenant in common. Tenancy in common is different from joint…
If two or more persons own property in joint tenancy, then, when one owner dies, the other owner(s) automatically take possession of the deceased owner’s share of the property. This is called “right of survivorship.” Strictly speaking, you don’t “inherit” property through joint tenancy, because you already owned an interest in all the property before the other owner died. How do I take ownership of property after a joint tenant dies? If you own property…
To determine who is the owner of an area of land: Check the legal description of your land Hire a surveyor to see if your land is within the area defined by the legal description Make sure you have good title See if there are any easements on the property See if you or anyone else has acquired title by adverse possession, or has acquired a prescriptive easement. If you don’t know what some of…
Check the expungement statute to see if you qualify File a petition for expungement in court As the judge for a hearing Send notice of the hearing to all law enforcement agencies who may have records of your DUI At the hearing, the judge will decide if your DUI may be expunged Note: This post will not discuss how to reinstate your driver’s license if the state has suspended or revoked your license because of…
If you are as asylee or refugee You must wait one year before applying for Lawful Permanent Resident (LPR) status. After you become an LPR, you must wait a certain period of time, depending on the circumstances, before becoming a citizen. Entering the U.S. as an asylee or refugee The United States Citizenship and Immigration Services (USCIS) may grant you asylum, or refugee status, if USCIS determines that you are unwilling to return to your…
During the time of COVID-19, governments across the country have sought to restrict the behavior of private citizens and groups in ways that many citizens could not have imagined even a year ago. These regulations have caused many Americans to ask: are these restrictions constitutional? Does the government actually have authority to make these ruled? How much regulation is too much? Can we do anything to prevent these restrictions? In a prior post, I…
First, the court determines whether property is marital property or separate property. The court divides marital property between the spouses. The court awards separate property to its owner. Many spouses, who are considering a divorce, or going through a divorce, wonder: How are assets divided in a divorce in Oklahoma? In this post, I explain the laws that tell how courts are to divide assets in divorce cases in Oklahoma. For each point of law…