Wagoner Lawyer Blog 10 Posts Tagged 'divorce attorneys in Wagoner Oklahoma'
Can Wagoner County Courts Award Alimony to Men?
In Oklahoma, spousal support or alimony is determined by the judge without reference to a set calculator or guidelines. Instead, judges have wide discretion in terms of awarding spousal support to both men and women as part of a divorce. Here is what you need to know about alimony given to men in Oklahoma.
There are two basic criteria for alimony in Oklahoma. The spouse requesting it must demonstrate a need for it, and the other spouse must have the ability to pay it. Alimony can be temporary, rehabilitative, or permanent, depending on need and ability to pay.
A Wagoner family law attorney from Wirth Law Office can help you determine if your specific circumstances may make you eligible for alimony from your ex-wife.
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.
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.
How Long Do I Have to Wait to Get Divorced in Wagoner County if I Have Children?
If you are contemplating a divorce in Oklahoma, you may wonder how long you have to wait to get divorced once the paperwork is filed. Oklahoma has a waiting period for divorce.
If you have no children, the waiting period is only 10 days from the day you file for divorce. If you have minor children of the marriage, the waiting period is 90 days. In all cases, the waiting period starts on the day you file for divorce.
In reality, it often takes longer for couples to resolve all of their issues. That means it takes far longer than the 90-day wait to get divorced. It can take a long time to resolve all issues between a couple. Finalizing a divorce right after the 90-day wait is only likely if you can agree on everything early.
If you want to understand what is best for your specific situation, get the help of an experienced Wagoner family law attorney.