Divorce is the formal dissolution of a legally valid marriage, and it is the most common way that a marriage ends in Oklahoma. In order to receive a divorce, certain steps must be taken, which include filing a petition for divorce, deciding how marital property is to be divided, deciding on child custody and determining child support and alimony to be allocated.
With that in mind, here are several of the most frequently asked questions regarding divorce in Wagoner, Oklahoma.
What are the Grounds for Divorce in Oklahoma?
Oklahoma divorce law offers you the option of filing for divorce based on one or more statutory reasons for divorce, or on a no-fault basis. In addition, you may be granted a divorce if you and your spouse have been separated for at least two years.
What are the Residency Requirements for Divorce in Oklahoma?
In order to file for divorce in Wagoner, Oklahoma, one spouse must be a resident of the state of Oklahoma for at least 6 months.
How will Property be Divided in an Wagoner divorce?
The division of marital property in an Oklahoma divorce is based on the concept “equitable division,” which means that property will be divided equitably according to each spouse’s contribution to marital property. In addition, Oklahoma courts will take into consideration that which is in the best interest of the children following the divorce.
How is Child Custody Decided in Divorce in Wagoner Ok.?
Child custody in Wagoner, Oklahoma is determined based on what is in the best interest of the children. It is widely presumed that it is in the best interest of your children to have frequent contact with both parents. Thus, whenever it is possible, Oklahoma courts will provide joint custody of the children.
How Do Wagoner Courts Award Child Support?
In Oklahoma, each parent has a legal obligation for the support of his or her children. Parents have the option of deciding on the terms of child support themselves. If they cannot come to an agreement, the court will make the decisions for them.
Court-ordered child support in Wagoner County will be determined based on the individual incomes of the parents and on the physical custody of the children. Typically, the noncustodial parent must pay child support to the custodial parent.
How is Alimony Decided in a Wagoner Divorce Court?
In Oklahoma, financial support in the form of alimony payments may be ordered to be paid by one spouse to the other for a specified period of time during or following the divorce. Alimony is typically awarded after long marriages or after a marriage in which one spouse did not work or was a homemaker. You and your spouse may agree on the terms of alimony to be paid. if you cannot come to an agreement, the court will make the determination for you and issue an order for alimony to be paid by one spouse to the other. Alimony payments may be discontinued under the following circumstances:
the receiving spouse remarries.
it is determined that the receiving spouse has not made sufficient effort to become self-supporting.
either spouse dies.
there are no dependent children remaining in the receiving spouse’s household.
How Long Must I Wait to Remarry after a Divorce in Oklahoma?
In Oklahoma, you are prohibited from entering into a marriage again within six months of a divorce decree. While doing so will not render your marriage invalid in the state of Oklahoma, remarrying within six months of your Wagoner divorce decree will allow the marriage to be voidable if either party seeks to annul the marriage during that six month period.
Free Consultation: Wagoner Divorce Attorney
When dealing with family law concerns, you want to do what is best for your loved ones and ensure that your rights are protected. For a free consultation with a Wagoner divorce attorney call the Wirth Law Office – Wagoner at (918) 485-0335 or toll free at (888) Wirth-Law. Additionally, you may enter a legal question in the form at the top right of this page, and one of our family law attorneys will contact you promptly.