Wagoner Lawyer BlogCategory: Family Law

47 Articles:
  • Scheduled for Child Custody Mediation in Wagoner County? Be Prepared

    Getting ready for child custody mediation involves preparing your case in much the same way as you would for trial. You must know all the issues involved on both sides and all the evidence that supports and refutes those issues. You must be ready to address all the issues clearly and concisely. Every case has strengths and weaknesses. You should know the strengths and weaknesses of your case and those of your ex’s case.

    Knowing what you can and cannot compromise on is a fundamental part of mediation, and it is important to know where those lines are. Otherwise, you will have a very difficult time coming to a settlement that you can live with. Discuss this fully with your Wagoner attorney before the mediation.

  • Can I Prepay My Wagoner County Child Support?

    You have cash now and worry about whether you will have it in the future, so you think it might be a good idea to prepay your child support. That way, it is done and you will be off the hook for a bit. You would think this was a good idea. But there are reasons not to prepay child support. Here are some things for you to think about before you prepay child support. You can also bring your questions to a skilled family law attorney at Wirth Law Office – Wagoner. 

  • Why is There No Upper Limit to Wagoner County Child Support?

    In Oklahoma, child support guidelines top out at $15,000 a month in parental income for each parent. But that does not mean that child support is capped at that amount.

    The judge doesn’t seek so much to make the incomes similar between the two parents as to minimize the impact of the disparity on the child. This can help a child feel more secure after a breakup.

    For parental incomes above $15,000 monthly for each parent, a separate hearing will have to take place. The court will hear evidence and testimony regarding income and proposed child support. As long as income keeps rising, child support payments most likely will as well.

    Understanding the needs of the child can go a long way to understanding the lack of a cap on support. In all cases, the support is meant to benefit the child, not the ex-spouse. If you have questions or concerns about this issue, bring them to an experienced Wagoner child support attorney.

  • Where Do I File My Divorce if I Live in Wagoner County?

    Filing for divorce in Oklahoma requires filing a Petition for Divorce and Dissolution of Marriage. The person who actually files the divorce petition has some choices about when and where to file for divorce. That can be an advantage. Choosing jurisdiction means that you can often file where it is easiest for you. A family law attorney from Wirth Law Office – Wagoner can help you with any questions you have. 

  • Understanding the Wagoner County Legal Separation Petition

    Understanding what a legal separation is and what it does can help a couple decide which is better for their particular circumstances. Learn more here about a legal separation petition and what it entails. You can also talk to an experienced family law attorney at Wirth Law Office – Wagoner. 

    There are times when a couple should seek a separation rather than a divorce. Some couples just need breathing room and some time apart before working on the relationship again. Other couples may have concrete financial reasons to stay legally married.

    In order for a petition for legal separation to be granted, all issues regarding the division of property and debts, all child and spousal support, and all issues regarding custody and visitation must be agreed upon. The spouses must enter into an agreement with regard to all of these issues.

  • What Is a Legal Separation In Wagoner County?

    Legal separations and divorces are different. They have different outcomes, although the processes for both are similar. A legal separation is sometimes called a separate maintenance action. Understanding what a legal separation is and how it functions can help you determine if it is right for you.

    The major issues must all be resolved and the couple must come to a written agreement on these issues. The agreement becomes part of the court order once the judge has approved the agreement. That means that if the couple later decides to divorce, most of the work will already have been done in terms of coming to a resolution.

    An experienced Wagoner family law attorney can help you decide which is right for you. Bring your questions and concerns to your Wirth Law Office attorney today.

  • What You Need to Know About Qualified Domestic Relations Orders

    You may have heard the term QDRO without really understanding what it stands for or what it means. QDRO is an acronym for Qualified Domestic Relations Order. QDROs are a tool used in divorce cases that involve retirement and pension plan division between divorcing spouses.

    Qualified Domestic Relations Orders are highly technical. If you have questions about a QDRO and whether that is applicable in your case, bring your questions and concerns to an experienced Wagoner divorce attorney. We are here to help.

  • How Do Wagoner County Courts Divide Property in a Divorce?

    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.

  • Wagoner County Divorce: What is Marital Property?

    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.

  • Wagoner County Divorce: What is Separate Property?

    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.