Family Law FAQs
Oct. 12, 2022
Matters involving domestic relationships – including marital agreements, marital dissolution, spousal support, division of assets, child support, custody, and parenting time – are highly sensitive and must be handled intelligently. Due to the complexities involved, seeking detailed guidance is crucial when getting a divorce or making changes to your family structure. An experienced attorney can answer some of your frequently asked questions about family law in the state of Oklahoma.
At Wilson Law Firm PLLC, I've devoted my career to offering outstanding legal services and guiding clients in the legal matters of family law. As a knowledgeable Oklahoma family law attorney, I'm available to discuss your personal situation, enlighten you about your possible legal options, and help you make intelligent decisions in your family's best interests. My firm is proud to serve clients throughout Shawnee, Norman, Ada, Chandler, and Okemah, Oklahoma.
FAQs About Family Law and Divorce in Oklahoma
I just got served with divorce papers. What are my next steps?
If you just got served with divorce papers, you need to consult with an experienced family law attorney. Your lawyer will properly review the papers and respond to the divorce petition. Also, your attorney will advise you on your available legal options, help manage your assets and finances, help settle divorce matters amicably, or protect your interests during the divorce negotiations.
Do I need an attorney for my divorce?
Yes. Getting proper legal guidance is crucial when getting a divorce. Using their in-depth understanding of the statutes and rules addressing divorce in Oklahoma, your attorney can guide you through the entire process from start to finish, fight for your legal rights, and help make your transition as seamless as possible. Also, a trusted divorce attorney can help facilitate the necessary discussions and make sure that the divorce agreement is comprehensive, legally binding, and enforceable.
What are the grounds for divorce?
Oklahoma allows both no-fault and fault-based divorce.
No-Fault Grounds: The acceptable ground (reason) for no-fault divorce in Oklahoma is “incompatibility.” However, you must provide substantial facts to back this up.
Fault-Based Divorce: Alternatively, you may be able to seek fault-based divorce in Oklahoma using any of the following grounds:
Abandonment for at least one year
Extreme cruelty, including mental and physical cruelty
Gross neglect of duty
Incarceration for a felony offense
One spouse petitioned for an out-of-state divorce which is invalid in Oklahoma
The wife gets pregnant with another person at the time of the marriage
Will I be awarded alimony?
Alimony is not automatically awarded in every divorce case. In order to award alimony,
The requesting spouses must demonstrate the need for financial support.
The paying spouse must have the resources to afford alimony payments while remaining financially independent.
When is mediation a good option?
Divorce mediation is among the available options for resolving divorce issues. It requires the divorcing spouses to come together to discuss the relationship issues and negotiate possible divorce terms with the guidance of a neutral third party – the mediation attorney or mediator. Mediation may be a good option if:
You're comfortable discussing the divorce issues and negotiating a feasible compromise with your estranged spouse.
You want to maintain power and control in your divorce – rather than leaving it to a judge.
You want a peaceful divorce with minimal effect on your children.
What is the difference between a legal separation and a divorce?
Divorce and legal separation are among the available options to dissolve or end a marriage legally in Oklahoma. Divorce is the legal process of dissolving a marital union or marriage formally. Conversely, legal separation allows the spouses to live separately and apart while remaining legally married.
Who gets to keep the home during a divorce?
In the state of Oklahoma, marital assets are divided based on the principle of equitable distribution during a divorce. The court will consider various factors to achieve equitable distribution, including:
The duration of the marriage
Each spouse's ability to work
Either spouse's physical or mental condition
The parent responsible for caring for the children
The amount of alimony award
The spouses' debts and liabilities
Any fraud or marital fault committed by either spouse
Any act that led to the appreciation or depreciation of marital property
Any other factor that can help achieve equitable distribution
Hence, if one spouse receives the marital home during the asset division, the other spouse will receive another property or money of equivalent value. You can read more about moving out of the marital home during a divorce process here.
Knowledgeable Advocacy You Need
Family law matters often involve a lot of complexities and may need some legal legwork. To avoid making irreversible mistakes, getting proper guidance from an experienced family law attorney is crucial. At Wilson Law Firm PLLC, I have the knowledge and resources to advise and guide individuals and families in complex family law and divorce-related matters.
Whether you are considering a divorce, making familial changes, or trying to settle domestic relationship issues, we can offer you the reliable advocacy and experienced guidance you need. Even if you need assistance establishing alimony, child support, custody arrangements, or parenting time, I can work diligently with all parties involved to achieve a feasible agreement.
Contact my firm – Wilson Law Firm PLLC – today to schedule a simple consultation with a dependable divorce attorney. I can advocate for your best interests and walk you through every legal step involved. My firm is proud to serve clients throughout Shawnee, Norman, Ada, Chandler, and Okemah, Oklahoma.