In Oklahoma, courts divide marital property by considering several factors to come to a fair and equitable distribution. These considerations usually refer to financial aspects, such as each spouse’s contribution to the marriage and their earning capacity.
Since most factors are related to the parties’ financial situation, many wonder if other nonfinancial circumstances, such as domestic violence, play a significant role in property division.
Broad guidelines which may include domestic abuse
In Oklahoma, domestic violence can indeed affect property division during divorce proceedings. There is no set formula or exclusive list of factors for courts to determine a fair and equitable division of properties in a divorce. Hence, they may consider several circumstances that are relevant, some even unique, to the case, such as any history of domestic violence.
Ways the existence of the abuse can affect the distribution outcome
While it will depend on the judge’s discretion, domestic violence may influence the court to award a larger portion of the marital property to the victim of domestic abuse as a way to address the wrongdoing and its impact on the victim’s well-being.
Moreover, if the domestic violence has had a significant financial impact on the victim, such as medical expenses, lost wages or impairment of earning capacity, the court might take this into account when deciding on property division.
Walking towards the future with trusted support
Divorce, in itself, is already a daunting process for parties. Mixing domestic violence into the situation can make it additionally challenging, especially when it comes to dividing properties and awarding child custody. Nonetheless, having a competent and compassionate legal guidance can help parties confidently move forward with the process and onto their new lives.