Author Archive for davidm

Owasso DUI Lawyer

Driving under the influence of alcohol, drugs and other intoxicants is a serious criminal offense in Oklahoma, and a person charged with drunk driving offenses can face severe penalties if convicted. An understanding of Oklahoma laws that can impact your life if you are stopped for drunk driving could prove beneficial, given that charges resulting in conviction could lead to jail time and loss of personal rights and liberties.

Legal Intoxication Limits in Oklahoma

With the exception of commercial and underage drivers, any person found to have a .08% or greater blood alcohol concentration (BAC) level while driving or attempting to drive a motor vehicle in Oklahoma is breaking the law. Exceptions to the .08% BAC level law is the .04% or greater BAC level for commercial drivers, and .02% for underage drivers (those under the age of 21). Underage drivers face additional restrictions and penalties under Oklahoma’s zero tolerance law. Both the commercial driver and underage zero tolerance laws are discussed below. read more

The Tender Years Doctrine: Origin, History, Modern Usage And Criticism

As a part of family law, the tender years doctrine or tender years presumption has been in existence since the latter part of the 19th century. According to common law, the doctrine proposes that during the tender years of a child (which is generally regarded as such from the age of four and under), only the mother is allowed custody of the child. The tender years doctrine is often raised in divorce proceedings.

Most states in the United States and Europe have scrapped out this presumption. Some courts in the U.S. have ruled against the doctrine insisting that it goes against the equal protection clause found in the 14th amendment of the United States Constitution (it discriminates based on gender). read more

The United State of Divorce

Research conducted in the United States estimates that 45 percent of all first marriages and about 60 percent of couples involved in second marriages end up divorcing. Factors associated with divorce include: early marriages, inadequate education, and financial sources, among others.

Factors Associated with Divorce in America

Divorce has existed in the American society for a long time, but it has become prevalent in the United States in the last 50 years. Most researchers come up with reasons they think the society has been subjected to alarming rates of divorce. These factors may not necessarily lead to a divorce, but studies show they typically increase the chances of one. read more

The Benefits of Divorce Mediation

benefits of divorce mediationEven if one or both spouses don’t feel ready for mediation, when they consider the financial and emotional stresses and costs of contested divorces, they may decide to give mediation a go. First, however, they should consider the state of their relationship. Mediation is most likely to succeed in all or most of the following circumstances:

  • The decision for dissolution is mutual. When the decision is mutual, spouses usually can work together on a settlement more easily than they would when the decision is one-sided.
  • There is no desire to reconcile. If the spouses accept the reality of permanent separation, and if neither has a strong desire to reconcile, then both probably have reached the emotional point where mediation can succeed. They need not rule out all possibility of reconciliation but must be prepared to focus on what happens if they don’t stay together.
  • They want to stay on good terms. Spouses who want to remain friends can use this reason to get through difficulties in negotiating compromises during mediation.

Mediation Advantages

Mediation is a frequent method of negotiating divorces. The spouses and their lawyers in some cases hire a neutral third-party mediator with whom to discuss and resolve issues. The mediator makes no decisions for the spouses but helps them decide what’s best. read more

What is No-Fault Divorce?

What is no fault divorce

Evidence of no-fault divorce first popped up in Russia around the early 1900s. California was the first state in the union to create no-fault divorce laws in 1969.

A total of nine states had no-fault by 1977. In 1983 only South Dakota and New York did not allow no-fault divorce. Finally in 2010 New York became the last state in America to have no-fault.


Since the beginning, no-fault divorce has been a contentious topic. Some feel it is a necessary tool to avoid long divorce trials and litigations. Proponents also say a no-fault can help victims of domestic violence quickly get out of an abusive marriage without having to face their abuser in court. read more

The Importance of Proper Estate Planning

In his prime Michael Jackson was loved and admired by anyone with a radio. His songs were catchy and his signature dance moves were unforgettable. Before his death he had some Importance of proper estate Planningconsiderable legal troubles, which were mostly settled at the time of his tragic passing. However, after his death a new set of legal problems started.

These legal problems all had to do with his sizable estate he established over his incredibly successful career. Everything from a royalties battle to a profit sharing debate with director of the iconic “Thriller” music video. read more

Tax Deductions for Home Office

Apple, Amazon, Yankee Candle, and even Google all started with a home office. In the digital age, home offices are becoming more common and more feasTax Deductions for your home officeible. This allows business owners to keep operating costs low and have a flexible schedule.

Another benefit of a home office is tax deduction. Not every home office will qualify, but a lot will and usually businesses that have a home office will take any tax break it can get.

There are two main requirements the IRS has for the home office tax deduction. read more

Divorced After 50, What Now?

divorced after 50?Studies are showing that more and more couples are calling it quits well into their 50s. Getting divorced this late in life creates a completely different set of problems than getting divorced in your younger years.

Most people really ramp up their retirement savings when their in their 50s, so suddenly getting your income cut in half can ruin your plans. On average women experience a 41% drop in income, and men experience a 23% drop. This drop forces new singles to reevaluate their plans.

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Difference Between Alimony and Child Support

In family law no two words are mixed up more than alimony and child support. This case of tomayto tomahto has gone on long enough, so we wanted to clear the air.

Alimony and child support are two different legal terms, used for two different reasons. There’s also considerable differences when it comes to taxes, so make sure you know which one you’re paying.

What is Alimony?

Sometimes called spousal support, alimony is a payment made to a former spouse that allows both spouses to maintain a lifestyle similar to the lifestyle they had when they were married. The intended purpose of alimony isn’t to help children, it’s to help the former spouse. This happens when one party makes considerably more than the other spouse. read more

3 Estate Planning Items You Might Need to Update

One mistake you can easily make when making an estate plan is not keeping it up to date. Most people want to get the paperwork from their lawyer, lock it in their safe, and then never look at it again. As nice as this would be, because your life changes you might also need to make changes to your plan. Here are three thing in your estate plan that need to be updated from time to time.

Estate Planning Picture

  1. Life Insurance– This is very important for anyone who has family members who depend on them to live. It could be children, spouses, or other relatives. Family dynamics can change at any time. Marriages, divorces, have more children, kids moving out, and a long list of other changes. These kinds of life changes can affect your life insurance policy, so make sure the beneficiaries listed in your policy are still appropriate.

    If you’ve changed jobs and this new job offers more or less life insurance coverage, you’ll want to factor that in as well.  Also, some states have inheritance taxes so make sure the rate hasn’t changed. 
  2. Taxes– Do a check to make sure your estate plan is set up in the most advantageous way for your beneficiaries. You’ve worked hard to build up this estate, so make sure it goes to who you want. When estates are set up improperly or not kept up to date, your beneficiaries can end up losing a lot of your estate to taxes.

    Transferring ownership of certain assets to a spouse or a trust can help keep the money from being taxed. 
  3. Relationships– Finally, look at who you’ve named as a beneficiary, power of attorney, trustee, or other roles. Has your relationship with these people changed? Do you still want them to have the responsibility or benefits you’ve designated for them? If you feel like these people are unfit for whatever role you’ve given them, take some time and find a good replacement.

    This doesn’t mean you should write people out of your will, but if you name your old college buddy as a trustee and haven’t talked to them in five years, you might need to find a trustee you have a more current relationship with.

If you need advice regarding updating or drafting your estate plan, call Baysinger, Henson, Reimer & Cresswell. read more