Same-sex marriage has been legally recognized in Oklahoma since October 2014, following the Supreme Court’s refusal to hear appeals against lower court rulings that had struck down bans on same-sex marriage. Consequently, same-sex couples in Wagoner, Oklahoma, have the same rights and responsibilities as opposite-sex couples, including the right to file for divorce. However, navigating the legal landscape of same-sex divorce can be complex. This post aims to inform about the basics of same-sex divorce proceedings in Wagoner, Oklahoma, while emphasizing the importance of consulting a Wagoner divorce attorney.
Grounds for Divorce
Oklahoma recognizes both no-fault and fault-based grounds for divorce. The most common ground is incompatibility, which does not require proving wrongdoing by either party. However, when there is a minor child involved both parties to a divorce filed on the ground of incompatibility are required to attend an educational program about the impact of divorce on children.
Other grounds include abandonment for one year, adultery, impotence, extreme cruelty, fraud, habitual drunkenness, and imprisonment of a spouse (Okla. Stat. tit. 43, § 101). These grounds apply equally to same-sex and opposite-sex couples.
Residency Requirements
To file for divorce in Oklahoma, at least one spouse must have been a resident of the state for at least six months before filing. This also applies to military service members who are required to have been stationed in the state of Oklahoma for at least six months in order to file for divorce in the state (Okla. Stat. tit. 43, § 102). Additionally, the divorce must be filed in the county where the petitioner resides. For same-sex couples in Wagoner, this means filing in the Wagoner County District Court.
Division of Property
Oklahoma follows the principle of equitable distribution for property division during divorce. This does not necessarily mean an equal split but rather a fair division based on various factors, including the length of the marriage, the economic circumstances of each spouse, contributions to marital property, and the conduct of the spouses during the marriage. Given the potential complexities involved, especially regarding property acquired before the legal recognition of same-sex marriage, it is crucial to seek guidance from a Wagoner divorce lawyer.
Spousal Support
Also known as alimony, spousal support may be awarded to one spouse following a divorce. The court considers factors such as the duration of the marriage, the standard of living during the marriage, the financial resources and earning capacities of each spouse, and the contributions of each spouse to the marriage. This determination is made on a case-by-case basis, and an experienced Wagoner divorce attorney can help argue for a fair arrangement.
Child Custody and Support
Child custody and support are often the most contentious issues in a divorce. In Oklahoma, the best interests of the child are the primary consideration in custody determinations (Okla. Stat. tit. 43, § 109). Factors considered include the wishes of the parents and the child (if of sufficient age), the child’s adjustment to home, school, and community, and the mental and physical health of all individuals involved.
For same-sex couples, additional complexities may arise if only one parent is the biological or adoptive parent of the child. Legal parentage must be established to ensure both parents have custody and visitation rights. Child support is determined based on statutory guidelines that consider both parents’ incomes and the needs of the child (Okla. Stat. tit. 43, § 118).
Legal Considerations Unique to Same-Sex Couples
Same-sex couples may face unique legal challenges in divorce proceedings. These include issues related to the legal recognition of the marriage, especially if the couple was married before same-sex marriage was legalized in Oklahoma. Additionally, non-biological parents in same-sex marriages may need to take extra steps to establish legal parentage and ensure custody and visitation rights. A Wagoner divorce lawyer with experience in family law can assist a same-sex couple with dealing with these unique challenges.
Mediation and Negotiation
With all of these major issues that need to be resolved in a same-sex marriage or any other marriage that is facing divorce, things can become quite contentious. However, the less both parties agree, the more lengthy the court process will be and the more costly the legal expenses and court fees will be. Therefore, attempting mediation, perhaps with the assistance of a Wagoner divorce attorney, in order to negotiate divorce terms both parties can agree to may be worth it even if you have to compromise on a few items.
Call a Wirth Law Office – Wagoner Divorce Attorney
Navigating the complexities of same-sex divorce requires the expertise of a seasoned Wagoner divorce attorney. For personalized advice and representation tailored to your unique situation, contact the experienced attorneys at Wirth Law Office – Wagoner. Our team is well-versed in Oklahoma family law and can help you achieve a fair resolution in your divorce proceedings.
For a consultation, call a Wirth Law Office attorney in Wagoner, Okla. at (918) 485-0335. Whether you need assistance with property division, spousal support, or child custody our knowledgeable Wagoner divorce lawyers are here to help you every step of the way. Ensure your rights are protected and secure your future by reaching out to us right away.
