Wagoner Lawyer Blog 11 Posts Tagged 'family law attorneys in Wagoner Oklahoma'
What To Do When You Are Paying Child Support but Not Allowed Visitation
You may find yourself in a situation in which you are paying child support but not allowed visitation. These two issues can seem like a single issue to the parent paying support. Emotionally, it is difficult to pay support for a child that you long to see but cannot.
But legally, child support and visitation are separate issues. There are things you can do if you are paying child support but not allowed visitation. It helps to understand what the issues are and what you want out of a situation. In all cases, it is helpful to get the help of a Wagoner family law attorney in solving the problem.
The first thing you want to do is enforce any court orders already in place regarding visitation.
If you already have a visitation order issued by the court, you can seek a contempt citation. This is a quasi-criminal proceeding.
If you have no orders in place to establish your visitation rights, you will need to get court orders in place. So, if your child was born out of wedlock, you will need to establish paternity and then ask the court for visitation rights. These are two separate proceedings before the court.
Wirth Law Office – Wagoner offers its clients the best possible child custody and visitation representation in the Wagoner, Oklahoma area at reasonable rates. If you or someone you know is involved in a child custody issue or visitation dispute in the Wagoner, Oklahoma area, the Wagoner child custody attorneys at Wirth Law Office -Wagoner invite you to schedule a free consultation to discuss what they can do for you.
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.
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.
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.
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.
When Are Wagoner County Family Law Cases Public Record?
Family law cases in Oklahoma are considered civil matters. While criminal cases enjoy a certain degree of privacy protection in sensitive matters, very few family law cases are sealed. Most family law cases are a matter of public record.
That means the public can access most anything that is filed in a family law case. It also means that anything that is transcribed during a hearing or trial will be part of the record. The most acrimonious allegations, evidence, and testimony will likely be available to anyone who wants to see it.
Oklahoma law does provide limited privacy protection for some cases. In these cases, the records are sealed. There is usually a public policy reason for these exceptions. Privacy protections are extended in these more sensitive cases.
There are some sensitive matters that a court will protect during a family law case if requested. Things such as social security numbers, birthdays, and other sensitive information will be redacted from the record. You must request that the court seals that information in order for the court to do so.
These matters can be handled carefully and expertly. Get experience on your side with Wirth Law Office – Wagoner.
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.