Deciding to file for divorce is rather difficult. If you feel like your marriage is irreparable, then unfortunately filing for divorce might be the answer. We invite you to contact our Wagoner County divorce attorneys to schedule a free consultation. Regardless if you are going through a divorce, or in need of a child custody, child support, or alimony order modification, contact our Wagoner Divorce and Family Lawyers for help.
Wagoner Divorce Attorneys:
In Oklahoma, you can file for no-fault or fault divorce. As a result, this means that you do not have to present evidence to the court (example- adultery) to grant your divorce. Dissolution of marriage is another term commonly referencing divorce. In order to file for divorce, you must assert one of the following legal grounds:
- Extreme cruelty
- Fraudulent contract
- Habitual drunkenness
- Gross neglect of duty
- Felony imprisonment
- Marital abandonment for one year or more
- Wife impregnated by another man at time of marriage
- Insanity of spouse for a period of five years
No-fault divorce allows for you to file for the dissolution of marriage without describing in detail what exactly led you to divorce. Instead, you can simply state that you and your spouse are incompatible, or file for divorce based on one of the many legal grounds mentioned above.
Child Custody Determination:
There are several factors the court will consider when deciding child custody matters:
- What is in the best interest of the child/children
- Physical living arrangements for the child
- The wishes of each parent, and in limited circumstances, the wishes of the child
- The mental and physical health of all parties
- Any past or present criminal actions by either parent
- Any past, present, or future domestic violence or child abuse
- A parent’s ability to spend time with the child
- The willingness of a potential custodial parent to foster a relationship and visitation with the other parent
Note: Both parents are entitled to child custody. As a result, it may be in your best interest to work out a child custody order with your former spouse that best suits your family’s needs in lieu of the court deciding.
Similar to child custody, several factors are used to determine which parent will be held accountable for paying child support for the minor child/children:
- The gross monthly income of the non-custodial and custodial parent
- The amount of health insurance costs for the child/children
- Amount of monthly child support or alimony paid to a spouse from a prior marriage by non-custodial and custodial parent
- Daycare costs
- The amount of time each parent spends with the child/children
If you would like to know more about Oklahoma child support click here. Our attorneys can help you negotiate child support with your former spouse for the benefit of your child/children.
Commonly negotiated in divorce proceedings is alimony. Under Oklahoma State law, if a spouse is financially dependent on the other spouse during the marriage, the court may decide to award that spouse alimony in order to compensate him/her for any financial needs that may arise upon the final dissolution of the marriage.
Alimony is typically awarded when a spouse gives up their career or earning capacity during the marriage to take care of the couple’s home or children. The court will consider the needs of the spouse seeking alimony and also whether the other spouse can afford to pay it. Alimony pays out in cash over a specific period of time. Contact our attorney for more information on how to obtain alimony.
Distribution of Assets & Debts:
Upon the dissolution of your marriage, each spouse will retain their separate property and debt he/she incurred prior to marriage and after separation. Marital property and debt equally divides between the parties. The same provisions also apply to assets.
It is possible though for the court to issue a decree which commands for the marital home to be sold and proceeds and/or owed debt to be divided amongst both parties. Contact our attorneys to find out how your assets and debts distribute upon your dissolution. We can help you protect your financial livelihood.
Mediation and Collaborative Law Approach:
Our attorneys can utilize several different approaches, such as mediation or the collaborative law approach, to help you resolve any uncontested divorce disputes.
Mediation involves the process of using a neutral mediator to help you and your spouse reach a marital settlement agreement. You will be presented with the opportunity to negotiate directly with your spouse regarding the terms of your marital settlement agreement while the mediator maintains a calm and neutral environment. Upon the conclusion of the mediation, a marital settlement agreement will be drafted to file with your final divorce judgment.
In addition to mediation, you may also want to consider utilizing the collaborative law approach. First, you and your spouse sign a written pledge to reach an agreement regarding the terms of your divorce. However, if you breach this written agreement, you have to start the negotiation process all over again with new attorneys.
After you sign the agreement, you both must obtain separate attorneys that will help you negotiate a marital settlement agreement. Next you, your spouse, and the attorneys will meet to discuss the marital settlement terms. Once an agreement is reached, it will be incorporated into a marital settlement agreement which will be incorporated into your final divorce judgment.
Contact Our Wagoner Divorce Attorneys:
Contact our Wagoner County divorce attorneys for a free case evaluation. Our attorneys can help you obtain the divorce settlement you deserve. Call 918-379-4872 or email