Going through a divorce can be emotionally exhausting, but it doesn’t have to be a complicated and drawn-out process. Contact a divorce lawyer in Oklahoma City to deal with your separation quickly and walk away satisfied.
Separating from your partner is never an easy experience, but the legal process can make it even more stressful than you may have anticipated. Depending on whether or not you’re splitting from your spouse amicably, you may need to get aggressive in the divorce. Other factors can also play a role in how long your separation will take, such as the number of assets you have and whether children are involved.
There are so many aspects of the divorce process, from the division of property to custody to spousal support and beyond. It can get overwhelming to juggle all of the details alone. With the help of an experienced attorney by your side, you’ll feel better prepared to walk away knowing nothing was overlooked.
At Talley, Turner, Stice & Bertman, an Oklahoma City divorce lawyer can negotiate on your behalf and ensure all of your priorities are taken into consideration during the split from your partner. We want you to leave the split feeling content with the outcome and excited about your new life ahead.
The state of Oklahoma recognizes 12 grounds for divorce, which include both at-fault and no-fault situations. These grounds are as follows:
When filing for divorce in Oklahoma, one of these grounds will be written in the paperwork and the judge will use these grounds to determine who’s at fault or if neither party is considered at fault. Regardless of fault, the division of property, assets and parenting time can be determined using a variety of other factors aside from the grounds for divorce alone.
Filing fees in Oklahoma County depend on the type of case. The court charges $252.14 as a base fee for both divorces involving children and those not involving children. If the case requires service by certified mail, you must pay an extra $10. Service of process by the sheriff costs $50, and a summons adds another $10. If your case involves a foreign judgment, it will cost $164.14. If it involves a paternity action, you’ll need to pay $154.14.
These numbers only cover filing and service costs. Attorney fees and other expenses for things like mediation or expert evaluations will be extra. Since the costs can vary considerably, it’s a good idea to check with a divorce lawyer for an upfront estimate before you begin.
The Oklahoma City divorce court is located at 320 Robert S. Kerr Ave., #409. When you file your divorce papers, you’ll need to send in three copies of each of the following: the divorce decree, the entry of appearance and waiver, and the petitions. All waivers must be notarized and filed one day after your petitions. The forms can be obtained from your attorney, the law library, or from a paralegal.
Determining whether your case is suitable for either mediation or litigation, also known as a trial, will depend on how well you and your spouse can communicate and whether the two of you agree on the terms of your divorce. Mediation is typically a faster and more cost-effective way to handle a divorce, but it can only be used if you and your partner can agree to divide all of your assets on your own.
In mediation, you’ll be able to seek legal advice from your divorce lawyer ahead of time, and then you’ll go into a hearing where you and your spouse can discuss the terms of your divorce together. A mediator will draft your legal agreement, and it will be legally filed from there.
If you and your former partner can’t come to agreeable terms, litigation is a better option for everyone. In a trial, your lawyer can speak on your behalf, and both you and your former spouse will usually get the chance to talk. The judge will then help decide how property and assets are divided.
Spousal support, also known as alimony, is awarded to those who need financial support from their former spouses after a divorce. When you and your former partner discuss the division of your finances in your divorce, you may be able to request spousal support within the terms of your divorce. This is often used when your ex-partner was the sole breadwinner in the marriage and you relied on them for income.
While you may need to prove the significant difference between your income and your partner’s, spousal support can also provide a tax benefit for the partner paying the alimony, so it can be a plus for both parties involved.
If children are involved in the split, a separate legal case will take place after your divorce in which custody and visitation will be determined. Again, mediation or litigation will be used depending on whether you and your partner can agree outside of court or not. Usually, custody is even more of a sensitive issue than the divorce is, so this can require more time and effort on your part.
Your Oklahoma City lawyer can work with you after your divorce is finalized to set up a plan to win custody of your children. A detailed parenting plan can be put in place with your former spouse to determine how visitation will work, including communication and transportation methods as well as holiday schedules for co-parenting.
Pets in a divorce will get more consideration than property but less consideration than children. For example, no visitation will be awarded for pets, but usually, the court will try to let the couple figure out who keeps custody of the pet on their own. If it can’t be decided, the pet’s best interests will be taken into consideration.
Courts in Oklahoma divide property based on what is fair, not by automatically splitting everything in half. This approach extends to who gets the house in an Oklahoma divorce. If one spouse owned the home before marriage and kept it in their name only, the house could stay with them. However, if the couple bought the home during marriage or both spouses contributed to its upkeep or mortgage, it likely counts as marital property, which is subject to division. In that case, the judge will decide whether one spouse may keep the house or if the spouses must sell the home and divide the proceeds. If the court allows one spouse to stay in the home, it might order that spouse to buy out the other’s share. The decision often depends on each spouse’s financial stability and, if children are involved, who has custody.
If you weren’t married to your partner at the time your child was born, then there are steps you can take to establish paternity after you get divorced. This may help give you custody rights and parental responsibilities. A child support order can establish paternity, a formal acknowledgment of paternity by both parents can be signed, or genetic testing can be done to establish paternity.
Sometimes, divorce orders need adjustments as family or financial situations change. Oklahoma courts permit modifications to divorce decrees if the circumstances justify it. For example, child custody and visitation orders can be modified if circumstances change, such as a parent relocating or a child’s needs evolving. Child support orders can also be adjusted if income or expenses change significantly.
Alimony modifications are sometimes possible depending on how the original order was structured. Property division, however, is usually permanent and cannot be changed once finalized unless the decree states otherwise.
A party seeking a change must file a motion with the court and show a strong reason why the order should be updated to obtain a modification. If you believe you need a change, a divorce attorney can review your case and advise you on whether your modification request could succeed.
Oklahoma law requires you to meet clear residency rules before you can file for divorce. In most circumstances, at least one spouse must live in the state for six months before filing. The case must also be filed in a county where either spouse has lived for at least 30 days. If both spouses live in different counties, the person filing first chooses the venue. A lawyer can review your situation and help you confirm that you have met the requirements before you start the divorce process.
Filing fees in each county depend on the type of case and the county’s rates. For example, Oklahoma County court charges $272.14 as a fee for both divorces involving children and those not involving children. There is an additional fee for service, which is typically between $50-$100.00.
These numbers only cover filing and service costs. Attorney fees and other expenses for things like mediation or expert evaluations will be extra. Since the costs can vary considerably, it’s a good idea to check with a divorce lawyer for an upfront estimate before you begin.
Courts in Oklahoma divide property based on what is equitable, not by automatically splitting everything in half. This approach extends to who gets the house in a divorce in Oklahoma. If one spouse owned the home before marriage and kept it in their name only, the house could stay with them as their separate property, provided that it has been maintained as a separate asset. However, if the couple bought the home during marriage or both spouses contributed to its upkeep or mortgage, it likely counts as marital property, which is subject to division, regardless of the title to the home. In that case, the judge will decide whether one spouse may keep the house or if the spouses must sell the home and divide the proceeds. If the court allows one spouse to stay in the home, it might order that spouse to buy out the other’s share or offset the share of the equity through other assets or debts.
Oklahoma courts sometimes order spouses to pay alimony in place of dividing property directly. This might be a reasonable option if selling or splitting assets would create unfair results. For example, if one spouse keeps a business or a family home, the court may order them to make payments to the other spouse instead of dividing the asset.
Alimony in lieu of property division is not the same as support alimony. It is a one-time or structured payout intended to balance the division of assets that cannot be modified. Judges set the payment amount based on the value of the property and what seems fair. This type of alimony can be a useful way of resolving cases where assets cannot be physically divided but still need to be accounted for in the divorce.
Sometimes, divorce orders need adjustments as family or financial situations change. Oklahoma courts permit modifications to divorce decrees if the circumstances justify it relating to the children or support alimony. For example, child custody and visitation orders can be modified if circumstances change, such as a parent relocating or a child’s needs evolving. Child support orders can also be adjusted if income or expenses change significantly.
Support alimony modifications are sometimes possible depending on how the original order was structured. Property division, however, is usually permanent and cannot be changed once finalized unless the decree states otherwise.
A party seeking a change must file a motion with the court and show a strong reason why the order should be updated to obtain a modification. If you believe you need a change, a divorce attorney can review your case and advise you on whether your modification request could succeed.
Divorce can feel overwhelming when you know the extent of what’s to come after you separate from your spouse, but beginning the process only means you’re on your way to a new and hopefully improved life. At Talley, Turner, Stice & Bertman, we want to help you feel satisfied with your divorce. Ideally, you’ll be able to walk away with clarity and confidence for the future ahead of you.
If you’re prepared to speak with an Oklahoma City divorce lawyer about your case today, you can schedule a no-obligation consultation by filling out the contact form or by calling 405-364-8300.
