OK Bar Specific Law 3 — Questions and Answers
Question 1: Under Oklahoma family law, what is the statutory waiting period before a divorce decree becomes final for purposes of remarriage when the parties have minor children?
- There is no waiting period in Oklahoma
- Parties may remarry immediately but must wait 30 days to cohabit
- A divorce cannot be granted until 90 days after filing when minor children are involved, absent waiver (Correct answer)
- A one-year waiting period applies in all divorces
Correct answer: A divorce cannot be granted until 90 days after filing when minor children are involved, absent waiver
Under 43 O.S. § 107.1, when minor children are involved, a decree generally may not issue until 90 days after filing unless the court waives it.
Question 2: In Oklahoma, a holographic will is valid if it meets which requirement?
- It is entirely written, dated, and signed by the hand of the testator (Correct answer)
- It is typed but signed before one witness
- It is oral and later reduced to writing by an attorney
- It is written by any person at the testator's direction and notarized
Correct answer: It is entirely written, dated, and signed by the hand of the testator
Under 84 O.S. § 54, a holographic will must be entirely written, dated, and signed in the testator's own handwriting.
Question 3: Under Oklahoma criminal law, what distinguishes first-degree murder from second-degree murder?
- First-degree murder requires malice aforethought or enumerated felony murder, while second-degree covers depraved-mind killings without premeditation (Correct answer)
- First-degree murder applies only to killings of public officials
- Second-degree murder requires premeditated intent to kill
- There is no second-degree murder offense in Oklahoma
Correct answer: First-degree murder requires malice aforethought or enumerated felony murder, while second-degree covers depraved-mind killings without premeditation
First-degree murder under 21 O.S. § 701.7 requires malice aforethought or qualifying felony murder, while second-degree murder covers depraved-mind killings and non-enumerated felony murder.
Question 4: In Oklahoma, what interest does a surface owner have when a different party owns the severed mineral estate?
- The surface owner may block all drilling operations on the land
- The mineral estate is dominant, so the mineral owner has reasonable use of the surface to develop minerals (Correct answer)
- The surface estate is dominant, and mineral owners must lease surface access
- Severed mineral estates are void under Oklahoma law
Correct answer: The mineral estate is dominant, so the mineral owner has reasonable use of the surface to develop minerals
Oklahoma follows the dominant mineral estate doctrine, giving mineral owners reasonable surface use, subject to the Surface Damages Act.
Question 5: Under the Oklahoma Governmental Tort Claims Act, what must a claimant do before filing suit against a political subdivision?
- Obtain permission from the Governor
- Present written notice of the claim within one year of the loss and allow the entity time to approve or deny it (Correct answer)
- File the lawsuit first and then serve notice within 30 days
- Post a bond equal to the amount of damages sought
Correct answer: Present written notice of the claim within one year of the loss and allow the entity time to approve or deny it
The GTCA (51 O.S. § 156) requires written notice of a claim within one year of loss, and suit may be filed only after denial.
Question 6: In Oklahoma, which court has exclusive appellate jurisdiction over criminal appeals?
- The Oklahoma Supreme Court
- The Oklahoma Court of Civil Appeals
- The Oklahoma Court of Criminal Appeals (Correct answer)
- The federal Tenth Circuit Court of Appeals
Correct answer: The Oklahoma Court of Criminal Appeals
Oklahoma has a bifurcated appellate system: the Court of Criminal Appeals is the court of last resort for criminal cases.
Question 7: Under Oklahoma law, what is the default marital property regime applied at divorce?
- Community property with an equal 50/50 split
- Equitable distribution of property acquired during marriage (Correct answer)
- Title-based distribution, keeping property with the titled spouse
- All property, including premarital assets, is divided equally
Correct answer: Equitable distribution of property acquired during marriage
Oklahoma is an equitable distribution state, dividing jointly acquired marital property fairly, not necessarily equally.
OK Bar Specific Law 3
Under Oklahoma family law, what is the statutory waiting period before a divorce decree becomes final for purposes of remarriage when the parties have minor children?