If you do not agree, you may need to attend one or more court hearings. Keep in mind that there is some give and take during settlement negotiations, but you will have more control over the final outcome than if you ask a judge to make the decisions for you. Divorce mediation is one tool that helps parties settle cases before trial.
During mediation, you and your spouse will be able to discuss the issues of your divorce with a neutral mediator. The mediator will help guide you to come to your own decisions about those issues. In some cases, mediation may not be effective, but it should be discussed and considered. In many cases, it can save both time and money.
Answers to Frequently Asked Questions about Uncontested Divorce in Oklahoma
During your court hearings, you and the other party will have time to present your side of the story, whether you are contesting:. If you are going through a fault-based divorce, you will need to provide evidence for or against the grounds for the divorce. If you do not have minor children and are going through an uncontested divorce, the divorce can be finalized within 10 days.
In uncontested divorces where you share children, the waiting period is 90 days. The judge may decide to forego this if there are absolutely no objections to the terms of the divorce.
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If approved, a divorce could be granted 30 days after the initial case filing. Contested divorces can take much longer. There may be multiple court hearings on a variety of divorce issues and the court will need time to issue a decision. Once you have filed a settlement agreement and the waiting period has elapsed or once the court has made an order on all the divorce issues, you will receive a final divorce decree.
At this point, your divorce is complete. If you want to make changes to the divorce decree in the future, you may be able to seek a modification of certain child custody, support, or visitation orders, depending on the circumstances. It is also important to note that following the entry of your final divorce decree, you are prohibited from remarrying in Oklahoma for six months.
To learn more about the divorce process and discuss your own divorce with an experienced family law attorney, reach out to the team at Nichols Dixon. We would be happy to discuss your unique case during a consultation.
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Call to get started. Drew took the time to get to know me and took great care in understanding my issue so that he could represent me in the best possible way. He shows great compassion and extensive knowledge in every decision that he made and I will never be able to thank him enough. He showed great perseverance and never gave up on my situation and I absolutely believe that if it weren't for his representation, the outcome would have not been as positive.
Oklahoma Residency Requirements The first step in filing for divorce involves determining whether you meet the residency requirements. The Divorce Petition If you meet the residency requirements, you can file a petition for divorce, called a "Petition for Dissolution of Marriage," with your county. The Discovery Process If you and your spouse disagree on any issues in your divorce, there will be a time of discovery. The court must divide the marital property between the parties as may appear just and reasonable, by making a division of the property in kind or by awarding the property to one party and requiring the other party to be paid such sum as may be just and proper to effect a fair division.
However, all property acquired during marriage by the joint industry of the husband and wife must be fairly and equitably divided by the trial court. A trial court also has discretion to choose the method for valuing marital property and to choose the value given to that property. In those instances where the trial court abuses its discretion, the Appellate Court may generally render the judgment that the trial court should have rendered. The creation of a joint tenancy establishes a present estate in which both joint tenants are seized of the whole.
While that fact might suggest that property held in joint tenancy is always marital, this is not true. Instead, the controlling question in determining the presence of a joint tenancy is the intention of the parties. If the record shows that title was passed without intent to invest the spousal grantee with an interest in the property, but rather for a purpose that is clearly collateral to any intended change in the existing ownership regime, the conveying marital partner will not be deemed to have made an unconditional, presently effective interspousal gift of separate property.
Once evidence is presented showing a lack of donative intent, the burden then shifts to the donee grantee spouse to prove the factum of a gift in praesenti.
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Therefore, the fact that property is titled jointly does not always mean that it is joint marital property. There are many instances wherein one or both parties own a business. If the business was created during the marriage or increased in value during the marriage due to marital effort, then all or a portion of the business may be considered marital property that is subject to valuation and division by the Court.
Like other assets acquired during the marriage, a retirement is subject to valuation and division as marital property. Importantly, even a retirement that was commenced prior to marriage, but that increases in value during the marriage as a result of marital effort may be subject to division in whole or in part. Importantly, a passive increase in value of a premarital retirement should remain your separate property while an increase due to marital effort will likely be considered marital property subject to division.
It is imperative that you hire an attorney that knows the difference and understands the proper method to value and divide retirements in an divorce. Otherwise, however, there are very limited exceptions to this rule such as very narrow instances wherein a party can prove that a particular type of. Joint custody or joint care means the sharing by parents in all or some of the aspects of physical and legal care, custody and control.
Legal custody essentially boils down to the ability to make decisions for the child. So, for example, parents awarded joint legal custody are allowed to work together to make decisions affecting the best interests of the child such as educational decisions, medical decisions, etc.
On the other hand, physical custody means the parent who provides care for a child on a daily basis. The court shall first determine whether the best interest of the child will be served by allowing the child to express a preference as to which parent should have custody or limits to or periods of visitation with either parent. If the court so finds, then the child may express such preference or give other testimony.
A Guide to Filing for Divorce in Oklahoma
There is a rebuttable presumption that a child who is twelve 12 years of age or older is of a sufficient age to form an intelligent preference. If the child is of a sufficient age to form an intelligent preference, the court shall consider the expression of preference or other testimony of the child in determining custody or limits to or periods of visitation. Oftentimes things change following an initial child custody determination in a divorce. If substantial changes occur, then a parent can and often does request a modification of the custody order.
The parent asking for modification of custody must establish: 1 a permanent, substantial and material change in circumstances; 2 the change in circumstances must adversely affect the best interests of the child; and, 3 the temporal, moral and mental welfare of the child would be better off if custody is changed. In every divorce with minor children in Oklahoma, the court must make provisions for the care and support of a minor child. In Oklahoma, with limited exceptions, child support is determined using the Oklahoma Child Support Guidelines.
To compute child support, the Guidelines use the gross incomes of the parties. In addition, the Guidelines take into consideration other factors such as the number of overnight visitation each parent is awarded, the cost of health insurance, etc.
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In limited situations, a court can deviate from the child support set forth in the Oklahoma Child Support Guidelines. Generally speaking, the district or administrative court may deviate from the amount of child support indicated by the child support guidelines if the deviation is in the best interests of the child, and the amount of support so indicated is unjust or inappropriate under the circumstances, the parties are represented by counsel and have agreed to a different disposition, or one party is represented by counsel and the deviation benefits the unrepresented party.
Child support can be modified upon a showing of a material change in circumstances. Importantly, past due child support payments incur a significant amount of interest which is specially set by statute. If you are owed child support, seek legal advice to assist in collection and if you are ordered to pay child support, you should do so in the amount ordered unless or until the order is terminated or.