The decision to file divorce is never easy. Couples spend several years together building their family while never expecting it to end in divorce. When the imminence of a divorce sets in, emotions run high. This sometimes leads to choices resulting in poor preparation for divorce and child custody. If this sounds like you, I invite you to contact us for a consultation. Our Tulsa divorce lawyers provide several legal options to consider while helping you restore normalcy to your life.
Tulsa Divorce Practice Areas:
Our Tulsa Divorce Lawyers provide legal representation in the following family law practice areas:
- Contested and Uncontested Divorce
- Collaborative divorce
- Child custody
- Child support
- Termination of parental rights
- Alimony and spousal support
- Division of assets and debts
- Prenuptial and post-nuptial marital agreements
In order to file divorce in Oklahoma, you must first establish which legal ground your divorce is based upon. Below are a few choices:
- Extreme cruelty
- Fraudulent contract
- Habitual drunkenness
- Gross neglect of duty
- Felony imprisonment
Tulsa Contested and Uncontested Divorce:
Your divorce is either contested or uncontested. If your divorce is contested this means that you two are unable to agree on issues such as custody and support. Other points of conflict may be visitation, child support, and the division of assets and debts. If this is the case you may have to let the judge decide after a trial. But we go to trial only after we go to mediation and make other efforts to settle. If all this fails then we go to trial.
An uncontested divorce occurs when you and your former spouse agree to the terms of divorce. This can include absolutely every aspect of the divorce. Areas of agreement may include child custody, support and the division of marital property. Its important to understand though that many times a divorce starts out as highly contested. After negotiations that seem to go nowhere, and back and forth fighting, suddenly we agree. If your divorce is uncontested the process simplifies. No trials and no time with the Judge is necessary. We simply take you up to the Court House and say a few words and its done.
Contested divorces are generally much more expensive and take longer to complete in comparison to uncontested divorces. Further, both parties tend not to receive what they want when they leave it to the court to decide.
Property Division in Divorce:
Oklahoma is an equitable distribution state. This means that any property either spouse acquired prior to the marriage is separate property. Separate property is not subject to division in a divorce. However, any property acquired during marriage, regardless of who earns it, is subject to equal division. Contact our attorneys for more information on how your marital property is divided in divorce.
Alimony and Spousal Support:
When filing for divorce, either spouse can request alimony. Alimony can pay out of the real or personal property of the other spouse. Alimony can also be awarded as a monthly payment to the spouse that requested it. The determination of which spouse is awarded alimony is decided on a case-by-case basis. Alimony is not permanent but rather is awarded for a limited number of years. The facts of your particular case determines the number of years. A general formula for alimony regards the need of the person asking for it. The courts also look at length of the marriage and ability to pay.
Child Custody and Child Support:
Our Tulsa divorce Lawyers help you develop a solid child custody plan. This includes calculating child support and child custody. Whether you prefer joint custody or sole custody, we help achieve your goals.
Child support in Oklahoma follows state child support guidelines. The guidelines consider the income of both parents. If one or both parents doesn’t have income the court will impute income of about eleven hundred per month. It also considers other factors like the kids time with each parent and medical insurance. Further, Oklahoma statutes establish a rebuttable presumption of parent’s financial obligations based on the child support calculator. However, if one or both of you want to deviate from the guidelines you can. In the case of deviation we will present evidence to the judge that the deviation is in the best interest of the children. If the judge agrees he or she will sign an order deviating from the guidelines.
Modifying Child Custody and Support:
Family circumstances can change after a divorce. This may require child support or visitation order modifications. There may also be circumstances when child custody itself needs modified. The legal standard required to modify a final order is that there is a change of circumstances. This change must occur after the entrace of the final order. Also the change must not have been a foreseeable change when the order was originally entered.
Child support modifications usually occur as a result of the following:
- A parent promotes into a higher paying position or receives an increase in wages
- The child’s financial needs increases due to special material circumstances
- Other material changes result causing a reasonable increase in support
- One parent loses a job and the income reduces.
Contact our legal team for more information on how to file divorce in Oklahoma. Our experienced Tulsa Divorce Lawyers can provide you a free consultation. Call today and we can work together on your family goals.