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Oklahoma Law Blog

CVSA schedules 2019 Brake Safety Week for September

Commercial motor vehicle operators in Oklahoma, especially drivers of big rigs, should know that the Commercial Vehicle Safety Alliance has set a date for the 2019 Brake Safety Week. This inspection spree, which will be held from September 15 to 21, is to focus on brake hoses and tubing. Truckers should make sure that these components are free of leaks, are flexible and have been properly attached.

During Brake Safety Week, inspectors stop CMV drivers at random and check for any brake-related violations. Those who pass the inspection receive a CVSA decal on their truck while those with violations will be put out of service until the issue is addressed.

Protecting a child after divorce

Divorce for families in Oklahoma can be very difficult, especially when children are involved. The goal of most parents is to protect their children as much as possible throughout the process. Despite how difficult it can be, parents who make their children their top priority end up in a better position in the future. By working together and recognizing the rights that children have, parents stand the best chance of a smooth divorce.

Children have the right to be free from their parents' anger whether it's aimed at another parent or at the situation itself. Children do not want to hear about things like infidelity or other negative characteristics of an ex-spouse as it reflects negatively on their own psyche. They have the right to build and maintain positive relationships with each parent no matter what caused the divorce in the first place.

Gray divorce presents unique challenges

Older Americans are usually thought of as being more stable than younger ones. While this might be true in some cases, there are instances in which the changes that come with growing older become hard to handle. In some cases, they start to affect a marriage. Many things may lead to this, so being aware of them can be beneficial.

Some people assume that because these couples have been married for decades that they will continue to thrive as a couple. What they don't see is that things like children moving out of the house, retirement and changes in interests might lead to their calling it quits. This has become so prevalent in people who are 50 years old and older that it has been dubbed gray divorce.

How to handle social media during divorce

Many Oklahoma residents use Facebook, Twitter, Instagram or other forms of social media on a regular basis. However, for those who are considering or already going through a divorce, social media can present special problems.

First of all, social media can impact relationships long before divorce proceedings begin. A Boston University study reviewed the correlation between Facebook use and divorce rates and found that increases in social media use led to decreases in marriage quality for couples living in all 50 states. While the study stopped short of claiming social media causes divorce, it did find that social media use and divorce share a link. To avoid some of the marital problems associated with social media use, experts say that people should avoid things like criticizing their partners or talking about relationship problems online.

Separate finances and divorce

People in Ohio who get a divorce should know that having bank accounts that are separate from those of their future ex-spouses does not automatically mean that their funds will be protected. There are other factors that are used to determine how the funds will be handled.

For married individuals who reside in a community property state, such as Wisconsin, Washington, Texas, New Mexico, Nevada, Louisiana, Idaho, California, Arizona and Alaska, any assets that are obtained during a marriage are considered community property and legally belong to both spouses. In the remaining states, which adhere to the equitable distribution principle, the assets that are obtained during a marriage belong to the party who earned it.

What to know about Fifth Amendment rights

Those who are charged with a crime in Oklahoma or any other state may choose to invoke their rights under the Fifth Amendment. The Fifth Amendment allows a person to refuse to answer questions or otherwise take steps that may incriminate themselves during a legal proceeding. Individuals generally have this right whether the charge is handed down by federal, state or local authorities. One of the rights granted by this amendment is the right to choose not to testify at trial.

Individuals can choose not to testify at a civil trial if they believe that doing so could expose them to criminal charges. However, in the event that a person chooses to testify, he or she must answer any question posed by a prosecutor. In a criminal trial, jurors are not allowed to consider that a defendant exercised this right while determining that person's guilt or innocence. This rule does not apply in a civil trial.

AAA: fatal teen driver crashes peak in summer

Every summer, teens increase their presence on the roads in Oklahoma, putting themselves and others at a higher risk for accidents. The AAA Foundation for Traffic Safety says that the 100 days between Memorial Day and Labor Day are the deadliest for teen drivers, raising their risk for a fatal crash by 15% on average. Through lack of experience and poor choices, teens themselves may be largely responsible for this trend.

Parents, for their part, should be clear with their teens about what constitutes safe driving. It means not only avoiding impaired driving but also avoiding drowsy or distracted driving. Above all, parents should emphasize the danger of calling and texting behind the wheel, and they should also mention how passengers can take drivers' attention from the road. Teens are advised to limit the number of passengers.

Stay-at-home parents must plan carefully in a divorce

When you and your husband decided to have children, a decision had to be made about how they would be cared for. Some parents choose to use a nanny or daycare. Others decide that one parent will remain at home to raise the kids. If it was decided that you'd be a stay-at-home mom, you might be in for a shock if you end up having to go through a divorce.

Some women falsely believe that they will automatically qualify for alimony. The fact is that even if a woman does, she may only get a small amount for a short period. This is only meant to bridge the gap between the divorce and her being able to support herself. In almost all cases, the divorce means that being a stay-at-home parent is a thing of the past.

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