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Oklahoma Divorce Guide
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It is important to work with a Stillwater family lawyer who can also be counted on to aggressively defend your rights in court if necessary. If you need assistance in any legal issue regarding family law, contact a well-practiced and dependable Stillwater family law attorney today.
Family Law in Oklahoma
Family law in Oklahoma covers a wide range of topics, including divorce, child custody, alimony, and division of assets. There are plenty of complexities when it comes to family law in Oklahoma, and consulting first with a knowledgeable Stillwater family law attorney can help simplify the process.
Divorce
If you are seeking a divorce in the state of Oklahoma, you will need representation from an experienced family lawyer in order to handle all the paperwork and legal hurdles that may impede the process from moving forward. Going through a divorce is a difficult and overwhelming transition. A well-practiced Stillwater family law attorney will ease your burden, enabling you to move on with your life.
There are several legal grounds for divorce recognized by the state of Oklahoma, including but not limited to: abandonment, adultery, gross neglect of duty, fraudulent contract, habitual drunkenness, impotence, incompatibility, and insanity.
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To properly file for divorce, a petition must be signed stating the reason for separation. Incompatibility, otherwise known as “irreconcilable differences,” is often used as a substitute for a no-fault divorce. Divorces in which there are no children involved may be finalized in as few as 10 days. If you have children of minor age, there is a 90-day waiting period before the divorce can be processed.
Child Custody and Visitation
When negotiating child custody and visitation rights, it is always best to consult with a Stillwater family lawyer who has a proven track record of handling these types of disputes. Cases involving child custody can often be complex, which means you will need a trustworthy Oklahoma family lawyer to sort out any intricacies.
The state of Oklahoma recognizes several different types of child custody: joint custody, sole custody, split custody, and birdnesting. If a child custody arrangement and visitation schedule cannot be mutually agreed upon by the two spouses, it will be determined in court based off what is best for the child. The court will review several factors, including age of the child, relationship with each parent, and if there are any past instances of domestic or sexual abuse. A Stillwater family law attorney with experience in child custody cases will help you reach an agreement that works for you and, more importantly, for your child.
Alimony
Alimony is a payment made from one spouse to another after a divorce has been finalized. It is not meant as a penalty for separation. Instead, the purpose of alimony is for both spouses to maintain an equal standard of living comparable to what they had during marriage. Alimony is usually paid monthly and can be awarded on a temporary or long-term basis depending on the circumstances.
There are no strict guidelines when it comes to calculating alimony payments in Oklahoma, which is why it is necessary to consult with a knowledgeable family lawyer to make sure you reach a fair settlement. The court will determine alimony based on careful examination of several factors, including length of the marriage, health and age of the spouses, potential earning capacity, childcare responsibilities, and income discrepancy.
If you are seeking alimony in Oklahoma, or if you need to enforce or modify a pre-existing arrangement, contact a reliable Stillwater family law attorney today to guide you through this complicated process.
Division of Assets
Oklahoma is an Equitable Distribution state, which means assets are divided equitably following a divorce. It is important to remember that equitable does not necessarily mean equal. Instead, marital property is divided “fairly,” as the court sees fit. Similar to alimony arrangements, factors that determine how assets will be divided include the length of the marriage, health and age of the respective spouses, earning potential, and each spouse’s financial contributions to the marriage.
Disagreements can often arise as to what exactly constitutes marital and separately-owned property. Marital property in Oklahoma is defined as any assets or debts that were accumulated over the course of the marriage. This can include joint property such as stocks, bonds, credit card debts, and bank accounts, along with physical property such as homes and vehicles. Anything that was acquired by a spouse prior to marriage is considered separately-owned. Likewise, any property a spouse receives via gift or inheritance is also separate.
Going through a divorce is an overwhelming process that becomes even more sensitive when marital property is divided. To avoid confusion and confrontation during this critical time, it is best to consult with a proficient Stillwater family law attorney who will successfully mediate between the two parties and help you reach a favorable outcome.
Frequently Asked Family Law Questions
How is child custody determined in Oklahoma?
Oklahoma courts determine child custody based on the best interests of the child standard. Factors considered include each parent’s ability to provide care, the child’s relationship with each parent, the child’s preferences if old enough, parental stability, and any history of domestic violence. Stillwater family law attorney James V. Murray can help you understand how these factors apply to your specific situation and advocate for your parental rights.
How is property divided in an Oklahoma divorce?
Oklahoma follows an equitable distribution system for property division in divorce, meaning assets and debts are divided fairly but not necessarily equally. The court considers factors such as each spouse’s contribution to the marriage, the length of the marriage, each party’s economic circumstances, and the value of separate versus marital property. Stillwater family law attorney James V. Murray can help protect your property interests during divorce proceedings.
What are the grounds for divorce in Oklahoma?
Oklahoma allows both no-fault and fault-based grounds for divorce. No-fault grounds include incompatibility and living separate and apart for one year. Fault-based grounds include adultery, abandonment, extreme cruelty, habitual drunkenness, and others. The choice of grounds can affect property division and alimony decisions. Stillwater family law attorney James V. Murray can advise you on the most appropriate grounds for your situation.
How long does a divorce take in Oklahoma?
A divorce with no children involved can be finalized in as few as 10 days if both parties agree on the terms. If minor children are involved, Oklahoma law requires a 90-day waiting period before the divorce can be finalized. Contested divorces involving disputes over property, custody, or support typically take significantly longer, since they require additional court hearings to resolve. Stillwater family law attorney James V. Murray can give you a realistic timeline based on the specifics of your case.
Do I need a lawyer for an uncontested divorce?
While Oklahoma law doesn’t require an attorney for an uncontested divorce, having one review your settlement agreement helps ensure the paperwork is filed correctly and that you haven’t overlooked something that could cause problems later, such as retirement account division or tax implications. Even in an amicable divorce, a Stillwater family law attorney can make sure your rights and interests are properly protected in the final agreement.
How is alimony calculated in Oklahoma?
Oklahoma has no fixed formula for calculating alimony. Courts instead weigh factors including the length of the marriage, each spouse’s health and age, earning capacity, childcare responsibilities, and any income disparity between spouses. Because there are no strict guidelines, having an experienced Stillwater family law attorney advocate for a fair amount is especially important, whether you’re seeking alimony or responding to a request for it.
Can child custody arrangements be modified after the divorce is final?
Yes. Oklahoma courts will modify an existing custody order if there has been a substantial and material change in circumstances since the original order, and the change is in the best interests of the child. Common reasons include a parent’s relocation, a change in a parent’s ability to provide care, or safety concerns. Stillwater family law attorney James V. Murray can help you understand whether your situation qualifies for a modification.
Contact an Experienced Stillwater Family Law Attorney Today
Going to court is a stressful experience that becomes even more delicate when family matters are concerned. Whatever difficulties you may be experiencing, our compassionate and committed Stillwater family lawyer will be there to provide both legal and emotional support. Contact us today to schedule a free consultation.