Wagoner Lawyer Blog 5 Posts Tagged 'divorce attorneys in Wagoner Oklahoma'


  • 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.

  • How Long Do We Have to Wait to Get Divorced in Wagoner County?

    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.

  • Wagoner County Family Law: What Are the Grounds for Divorce?

    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.

  • What Is the Waiting Period to Remarry After a Wagoner County Divorce?

    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.