DIVORCE
There are several grounds for which an individual may seek a divorce in Oklahoma. However, the overwhelming majority of divorces are granted because the married couple is now incompatible. Any other grounds such as adultery require specific proof. Oklahoma generally has jurisdiction to grant a divorce if one or both of the parties have resided in Oklahoma for at least six months.
A divorce is commenced with filing a petition in the county where one or both parties have resided for the preceding six months. Common-law marriage is still recognized in Oklahoma but requires evidence that parties believe they were married by presenting evidence such as joint tax returns or a spouse designation for health insurance coverage.
A divorce can be obtained by agreement or by a judge at trial. When the parties have reached an agreement before commencing proceedings, our firm charges a flat fee to represent one of the parties to draft, file and obtain a decree of divorce with the court. The court can enter an agreed decree of divorce as early as 10 days after filing the petition where there are no minor children of the marriage and 90 days after filing the petition.
If the parties cannot reach an agreement regarding the terms of a divorce, our firm will aggressively litigate to a conclusion all issues of the divorce at the attorney's hourly rate. In addition, our firm requests an initial retainer fee commensurate with the issues and facts of each particular case. The case will then proceed with the attorney billing for all services at the attorney's hourly rate.
A divorce is commenced with filing a petition in the county where one or both parties have resided for the preceding six months. Common-law marriage is still recognized in Oklahoma but requires evidence that parties believe they were married by presenting evidence such as joint tax returns or a spouse designation for health insurance coverage.
A divorce can be obtained by agreement or by a judge at trial. When the parties have reached an agreement before commencing proceedings, our firm charges a flat fee to represent one of the parties to draft, file and obtain a decree of divorce with the court. The court can enter an agreed decree of divorce as early as 10 days after filing the petition where there are no minor children of the marriage and 90 days after filing the petition.
If the parties cannot reach an agreement regarding the terms of a divorce, our firm will aggressively litigate to a conclusion all issues of the divorce at the attorney's hourly rate. In addition, our firm requests an initial retainer fee commensurate with the issues and facts of each particular case. The case will then proceed with the attorney billing for all services at the attorney's hourly rate.
THINGS TO DO IN PREPARATON FOR DIVORCE
Secure financial information - Secure and maintain separate records of all financial holdings such as a bank account, IRA, 401k, land purchases and stock. This includes different holdings only in your spouse's name.
Document all personal property - There is generally no documentation of the extent of a person's personal property such as jewelry, furniture, household goods and tools. Take pictures and or video of everything you and your spouse own with a date stamp in case you need to prove such items were in possession.
Do not move out of the marital residence - Moving out of the marital residence before a divorce is commenced can often place the party that moved at a significant disadvantage in the divorce proceeding depending upon the facts of the particular case.
Freeze or close spousal access to joint credit accounts - To protect your credit, make sure your spouse cannot increase marital debt before the commencement of the divorce.
Insist upon maintaining a significant and positive relationship with your children at all times - Insist upon establishing and maintaining a schedule of physical custody/visitation that is reasonable and reflects the best interests of the children.
The Divorce Procedure
The divorce commences with filing a petition. A summons will be issued and served upon your spouse commanding a response to be filed with the court within 20 days of service. The summons is also accompanied by a notice of automatic temporary injunction forbidding either party from such things as transferring property or altering financial accounts. In most cases, there is a need to request a temporary order from the court.
The purpose of a temporary order is to establish the rules of conduct between the parties concerning the children, property, and debt until the court has the time to have a trial on the merits of the case. Most temporary order Hearings occur within 45 days of the filing of a petition. Throughout the proceeding, it is usually necessary to obtain information from the opposing party. The process by which information is obtained from the opposing party is called ‘discovery.’ There are several different means of discovery available and depend upon the type of information that is being requested. The divorce trial will be heard by the judge in which the case was assigned at the time the case is filed.
The Divorce Procedure
The divorce commences with filing a petition. A summons will be issued and served upon your spouse commanding a response to be filed with the court within 20 days of service. The summons is also accompanied by a notice of automatic temporary injunction forbidding either party from such things as transferring property or altering financial accounts. In most cases, there is a need to request a temporary order from the court.
The purpose of a temporary order is to establish the rules of conduct between the parties concerning the children, property, and debt until the court has the time to have a trial on the merits of the case. Most temporary order Hearings occur within 45 days of the filing of a petition. Throughout the proceeding, it is usually necessary to obtain information from the opposing party. The process by which information is obtained from the opposing party is called ‘discovery.’ There are several different means of discovery available and depend upon the type of information that is being requested. The divorce trial will be heard by the judge in which the case was assigned at the time the case is filed.
Property & Debt Division
The marital estate includes all property and debt which was acquired through the joint industry of marriage. Marital property includes retirement acquired during the marriage. A person can have separate property that is not part of the marital estate if it was acquired by gift, inheritance or exclusively acquired before marriage. The court will divide all marital property and debt-based upon the equities and facts of each case.
Contact Us Today
Alimony
In many divorces, one spouse needs continued support after the conclusion of the marriage. To support an award of support alimony, a party must prove a need for the support alimony and that the opposing party can pay. For example, the need can be established at a minimum by showing that reasonable monthly expenses exceed the party's income and that the spouse has enough disposable income after expenses to pay the deficit.
Military
Our firm handles many military divorce and custody matters each year. There are certain statutory protections for service members and their spouses that do not apply to civilians. Our firm is well versed in the regulations and federal statutes applicable to military divorce, custody and retirements. Below are helpful links regarding military divorces.
CHILD CUSTODY & PATERNITY ACTIONS
A parent can seek custody of a child in a divorce proceeding or in a paternity proceeding. The difference between "sole custody" and "joint custody" lies conceptually within the realm of decision-making, not time spent with a child. The court awards sole custody parent has the right to make all material decisions concerning the child subject only to other parents' designated visitation periods. A parent with joint custody is required to jointly make material decisions and share physical custody of the child according to the provisions of a "joint custody plan." Joint Custody does not require equal physical custody periods between the parents.
-
A child may express a preference if the court determines the child has sufficient maturity to make a preference. The court will many times appoint a guardian ad litem to represent a child, investigate the family dynamic, and make recommendations to the court regarding the child's best interest. The costs of the guardian ad litem are shared by the parents as ordered by the court.
CHILD CUSTODY & PATERNITY ACTIONS
A parent can seek custody of a child in a divorce proceeding or in a paternity proceeding. The difference between "sole custody" and "joint custody" lies conceptually within the realm of decision-making, not time spent with a child. The court awards sole custody parent has the right to make all material decisions concerning the child subject only to other parents' designated visitation periods. A parent with joint custody is required to jointly make material decisions and share physical custody of the child according to the provisions of a "joint custody plan." Joint Custody does not require equal physical custody periods between the parents.
-
A child may express a preference if the court determines the child has sufficient maturity to make a preference. The court will many times appoint a guardian ad litem to represent a child, investigate the family dynamic, and make recommendations to the court regarding the child's best interest. The costs of the guardian ad litem are shared by the parents as ordered by the court.
CHILD VISITATION
A parent can seek an order for visitation with a child in a divorce or a paternity proceeding. The court is required to determine a visitation schedule that is in the child's best interest. Every decree is required to provide a specific minimum amount of visitation between the noncustodial parent and the children. Each county has adopted a minimum standard visitation schedule. Although the programs vary slightly, they generally provide the same framework. You can find examples of standard visitation schedules at the link below.
CHILD SUPPORT
All custody orders are to be accompanied by a calculation of child support under the child support guidelines unless the parties' income exceeds the guideline maximum. The child support guidelines are computed by determining the combined adjusted gross incomes of the mother and father. A statutory table provides the total amount that the legislature has estimated to cost the sport the number of children of the parties.
The noncustodial parent must pay their proportionate share of the support figure from the table. The parents also share the proportional amount of health insurance, uninsured medical expenses and daycare. Child support is generally paid by way of an employer income assignment. The payor is given a "shared parenting" adjustment from base child support for the number of overnight visitation periods that the court awards exceeding 120 overnight periods per year.
MODIFICATIONS OF
CUSTODY, VISITATION & CHILD SUPPORT
All existing orders of custody, visitation, and child support are modifiable at any time upon showing the court there has been a substantial change of condition. Therefore, the proceeding begins with filing a motion to modify with the court that issued the prior order.
HOURLY RATES & RETAINER FEES
Uncontested divorces are billed as a flat fee that ranges from $1000 to $1,500 depending upon the case's complexity. All contested family law matters start with the payment of a retainer ranging from $1,500 to $5,000, depending upon the case's complexity. A retainer is a payment of fees in advance to the attorney for services to be performed at the billing rates of the attorney and paralegal. Our hourly rates are $300 per hour for attorneys and $150 for paralegals.