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The division of property is one of the most contentious issues a couple must resolve in a divorce. Throughout a marriage of any real duration, a couple can amass a surprising amount of property.
For the most part, that property belongs to the couple jointly. A divorce petition asks for several things, including for the court to divide property that belongs to the couple jointly.
In achieving equity between the spouses, judges look at several factors. They will look at the contributions made by the partners to the marriage. But courts will also look at what each partner needs to move on.
A skilled divorce attorney at Wirth Law Office – Wagoner can help you understand how property is divided and how you can fight for what you want to keep.
Marital property is the term usually used to indicate property acquired by a couple during their marriage. Most often this refers to tangible items such as the family home or other physical belongings. But it can also refer to intangibles as well, such as the “goodwill” of a business owned jointly by a couple. All marital property must be divided between the spouses during the divorce.
If you have questions about marital property in Oklahoma, please bring them to an experienced Wagoner divorce attorney. Your attorney can help you understand the issue and how your actions may have colored the characterization of any separate property that you may have.
How property is characterized at the time of a divorce makes a big difference in terms of how that property is treated during the divorce. In Oklahoma, property can either be marital or separate property during a divorce.
Marital property is everything that a couple has acquired during their marriage. This includes tangible items such as cash, investments, homes, cars, furniture, and the like. But it can also include some intangibles such as the goodwill that a business owned by the couple has generated over the years.
Separate property is everything else. However, most property that you own as a married person is marital, not separate.
Transmutation is the changing of how property is characterized under Oklahoma law. It is a legal construct. It allows property to be converted from one type to another.
If you have questions about your particular circumstances, bring them to an experienced Wagoner divorce attorney. Your attorney can help you understand your situation and what options may be available to you.
It is possible for some couples to get a divorce in Oklahoma in some instances in as little as 10 days after filing their paperwork. These quick divorces are only possible if the couple has no children and if they are able to agree on all of the issues that must be resolved.
Oklahoma law requires a 90-day waiting period for couples with minor children. If you can’t wait to get divorced, you can request that the court waive the 90-day waiting period. A court may waive the waiting period under two conditions. When either of these conditions is met, the court may have good cause to waive the waiting period.
If you want to understand your specific situation better, get the help of an experienced Wagoner divorce attorney.
Oklahoma has followed the trend that most states have taken in instituting a no-fault system for divorces within the state. Before, all divorces had to allege and prove a recognized legal fault as the grounds for divorce.
This meant that spouses seeking divorce had to allege that the other spouse had done something wrong. Making couples allege and prove fault such as adultery made an already difficult situation much worse. Now, you no longer have to allege fault. Instead, you can allege “irreconcilable differences” or “irreconcilable incompatibility” as the grounds for divorce.
The at-fault grounds are still on the books in Oklahoma and can be used as the grounds for divorce (Okla. Stat. tit. 43 § 101). They can be alleged in either the petition or the responsive pleading by the other spouse.
Before alleging fault, you should know that you will need to prove the allegation you are making. That means introducing witnesses and other evidence. That also usually means a trial, and that is expensive.
Most of the time, it is better to allege irreconcilable differences and get the divorce done quickly and easily. It is better for your wallet and your peace of mind. Your Wagoner divorce attorney can help you understand what might be best for you and your circumstances.
Sometimes, the venue chosen for your divorce may prove inconvenient. Either spouse can choose the court and county for a divorce proceeding. Sometimes what is convenient for one spouse is inconvenient for the other. Oklahoma law provides a remedy for that. In some cases, it is possible to transfer a family law case to or from another county. Here is what you need to know.
Generally speaking, an action for divorce must be filed in the county that one spouse has been a resident of for at least the last 30 days immediately preceding the filing of the petition (Okla. Stat. tit. 43 § 103). If the action is for a legal separation, there is no specific time limit for residency, but the petition must be filed in the county in which one of the spouses lives.
You can ask the court for a transfer to another county if the court determines that it is an inconvenient forum under the circumstances, and the court in another county is a more appropriate forum consistent with the factors enumerated under the Oklahoma statute regarding inconvenient forums.
In making its determination, the court wants to ensure that transferring the matter will make it more convenient and easier to resolve the issues between the parties. Often, this means that witnesses and evidence are located in the other county.
This can happen if all parties lived in the other county until recently. In that case, producing witnesses and evidence would be easier in the other county. In that case, a court may well grant a motion to transfer the venue.
If you are considering such a motion, bring your questions and concerns to an experienced Wagoner family law attorney as soon as possible. Your attorney can help you understand what options may be best for you and your circumstances.
Family law cases in Oklahoma are considered civil matters. While criminal cases enjoy a certain degree of privacy protection in sensitive matters, very few family law cases are sealed. Most family law cases are a matter of public record.
That means the public can access most anything that is filed in a family law case. It also means that anything that is transcribed during a hearing or trial will be part of the record. The most acrimonious allegations, evidence, and testimony will likely be available to anyone who wants to see it.
Oklahoma law does provide limited privacy protection for some cases. In these cases, the records are sealed. There is usually a public policy reason for these exceptions. Privacy protections are extended in these more sensitive cases.
There are some sensitive matters that a court will protect during a family law case if requested. Things such as social security numbers, birthdays, and other sensitive information will be redacted from the record. You must request that the court seals that information in order for the court to do so.
These matters can be handled carefully and expertly. Get experience on your side with Wirth Law Office – Wagoner.
You are at the end of your divorce. If you are involved in another relationship, the question of when you can remarry after your divorce is an important one. Knowing the answer can save you a lot of grief later. Like all states, Oklahoma has laws governing not only divorce but also the waiting period to remarry after a divorce.
In Oklahoma, you must wait at least six months to remarry after your divorce decree is made final. The law also prohibits cohabitation for six months after divorce (Okla. Stat. tit. 43 § 123). This means that you cannot live with another person romantically during the six-month period.
Remarrying before the expiration of the waiting period is a direct violation of the bigamy statute.
Bigamy is a felony count in Oklahoma. If convicted of bigamy, you could spend up to five years in prison (Okla. Stat. tit. 21 § 883).
Before proceeding with a marriage or cohabitation after a divorce, seek the counsel of an experienced Wagoner family law attorney. Your attorney can help you understand how the law affects your particular situation.
If you violate the waiting period to cohabitate, you could be charged with the felony of adultery. You could spend up to five years in jail and/or owe up to $500 in fines.
Visitation between the father of your child and your child can be a thorny issue when the relationship between the parents goes awry. The question of whether you have to let the dad see the child depends in large part on your particular circumstances. Generally, the answer lies in whether the father has enforceable rights. This depends on whether there is a court order in place.
Generally speaking, if there is a court order in place for visitation, you have a duty to abide by that order. That means that you must let the dad see the child. There is a caveat to this general rule, however, and it is a big one. You must abide by the court’s order unless the visitation puts the child at immediate risk of irreparable harm. In that case, you have a duty to protect your child.
These are highly sensitive issues. Before you make any decisions, you should seek counsel with an experienced Wagoner child custody attorney. Each situation is unique and you need to know how the law will affect your particular situation.
Custody can be full or joint. In joint custody cases, both parents take equal responsibility for their child. In full custody cases, one parent takes on much more responsibility for the child. Full custody can include physical and legal aspects.
Physical aspects revolve around where the child lives and with whom. Legal aspects revolve around who makes major decisions regarding the child. These include medical and educational decisions.
You must ask the court for full custody in either the petition or response to the petition. Most of the time, when one parent asks for full custody, a battle ensues.
This whole process can seem overwhelming if you try to handle this on your own. It is better to have legal help. An experienced child custody attorney can help guide you, draft court documents, and help the judge understand your position clearly.
Like many things these days, many courts have records available online. While not all records are available, many family law court records can be found online. You just need to know where to look.
For older Wagoner family law cases or cases from smaller counties, you may either need to go to the county or have someone get those records for you. In Wagoner, two different systems are available to search for records online. They are OSCN (Oklahoma State Courts Network) and ODCR (On Demand Court Records).
Once you get the documents you need, you may have questions regarding the contents of those documents. Bring your questions and concerns to an experienced Wagoner family law attorney.
It is possible to win back custody. It requires a substantial and permanent change in circumstances. Learn more about that in this article.
Oklahoma uses child support guidelines in determining support amounts. There are adjustments and deviations that are possible. Learn more here.
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