Oklahoma divorce information

Rarely does an individual stay in the same station in life financially…especially over a significant amount of time. Promotions, new job offers and bonuses are common. When this happens child support should be reevaluated to make sure the child benefits from this increase through a child support modification. 

If you are reading this article, you may have recently noticed that your child is coming home from the other parent’s home with more gifts, shoes, or talking about recent vacations the other parent has taken. You may have even noticed that the other parent is dropping your child off in a new car. This is a very common scenario.

Sometimes, if asked, the other parent will admit to a job promotion or raise. However, it is not uncommon for the other parent to conceal this new financial status. If you suspect this might be the case, there are several options you can use to prove this change in finances.

Discovery

Discovery is a formal request for information to the other parent. It is essential to be represented by a family law attorney in order to properly conduct this information request. Your family law attorney will prepare a list of documents or informational questions to your ex-spouse that they must answer.

These questions are called interrogatories, which require the other parent to specifically admit to certain facts or provide answers to specific questions in writing.

A deposition can also be conducted during the discovery phrase. A deposition is an in person question and answer session where your family law attorney will ask the other parent questions under penalty of perjury, on the record, and is recorded by a court stenographer. Concealing information during a deposition is considered perjury, which is a felony.

Subpoenas

Another option that you have in order to provide proof of change of income is to request information from financial institutions and employers. Your family law attorney will prepare a formal request to the other parent’s banks and financial institutions to obtain bank statements, balances and any investments.

Your attorney can also subpoena employment records from the other parent’s employer, including salary and time line of salary adjustments or increases.

If your ex-spouse owns other businesses, entities or investment accounts, your family law attorney can help by serving a subpoena to those institutions.

Subpoenas are usually the best way to verify financial information because you do not have to rely on what the other parent claims. Subpoenas limit any attempt at concealment.

Testimony

If your case goes to trial, your family law attorney can call witnesses to testify to the other parent’s financial status as well. Witnesses can testify to current financial status based on employment and bank statements presented to the court.

The use of subpoenas and witnesses corroborating the documents collected to establish a change in income greatly supports proving an increase in income.

Forensic Accountant

For complex cases, some family law attorneys recommend the use of a forensic accountant. These individuals are qualified experts on testifying about intricate financial data.

If the other parent owns a business, or is an investor in a company, it can be difficult to understand the spreadsheets and financial business records. Using a forensic accountant helps to simplify complicated financial data.

Private Investigator

Finally, if your family law attorney is having a difficult time obtaining documents or banks are not cooperating, your attorney may hire a private investigator.

A private investigator can be helpful when the other parent is being purposefully deceptive and their financial data is especially complicated.

Initial Consultation with a Tulsa Divorce Lawyer

No matter the method, an experienced and skilled family law attorney is essential in making sure you get the financial information you deserve.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.

For a low-cost confidential consultation, call 918-924-5526.

 

Choosing whether to move out of the family home can be a difficult decision. Moving out can have a significant impact on child custody and access to assets. Understanding the benefits and consequences of making the decision to move out is important before making that first step. 

There is one instance in which one spouse must move out of the family home. This instance occurs when one spouse has a protective order against the other spouse requiring the spouse to stay away. This is typically found in domestic violence cases and a move out order is granted by the court.

Child Custody

It is very common for one spouse to move out of the family home and one spouse to stay with the children. However, this scenario is not always the best for the parent that moves out. Once one spouse moves out, until a custody order can be made, that spouse must arrange child visitation with the spouse who stayed in the home.

At first, this may seem like a reasonable arrangement. However, separation and divorce can become increasingly difficult. One spouse may indicate that the other can see the children whenever they wish. However, without a formal custody order there is no way for the moved spouse to enforce this.

It is not uncommon for the parent that stayed in the family home to “forget” visitation times or find visitation inconvenient. The moved spouse is at the mercy of the parent that remained in the home.

Significant Impact on Visitation

Many of these types of situations result in parents going weeks – and sometimes months – not seeing their children. This is an even greater possibility if the parent that remains in the home decides to be uncooperative.

If this situation does end up happening and a parent is having a difficult time accessing their children, a custody order is necessary. A skilled family law attorney can help you file a motion granting you custody time. However, this does take time to accomplish.

Obtaining a Custody Order

The best first step if you move out of the family home is to obtain legal representation right away. The longer you wait, the longer the other parent can keep your children from you. Although judges do not look kindly on a parent that attempts to block visitation time, judges also look to how long one parent waited to file for custodial time.

It is also very common for judges to not want to upset the status quo. This means if your spouse has been caring for the children full time for a significant period of time, a judge will likely not want to disrupt that arrangement. Once a parent has been living in the family home it is unlikely that a judge will ask that parent to move out.

During the divorce, another possibility parents can choose to engage in is called nesting. This is when the children remain in the family home and the parents take turns staying with the children.  Knowing this option ahead of time allows you to discuss this with your spouse before you make the decision to move out.

Discussing your wish to move out of the family home with your family divorce attorney prior to filing is essential to keep your visitation and custodial rights.

Other Issues When Moving Out

Another area to consider, besides custody, is access to assets. Many spouses file for divorce because they are no longer able to get along. A spouse may pack a suitcase and take a small amount of personal items when leaving the home.

Once a spouse leaves, the other spouse has unlimited access to all of the items in the household. Although it is not lawful for the other spouse to start giving away or selling items, it is not uncommon for items to go “missing” or to become broken.

Once a spouse leaves, being able to re-enter the family home may be difficult. Locks can be changed and remotes reprogrammed. Gaining entry can be burdensome and timely.

This is not to say all spouses are unreasonable and leaving items behind will result in damage, but you should be aware of the potential consequences if you are going to move out.

Speaking with an experienced family law attorney will not only help educate you on all the consequences of moving out, but will also inform you of your rights and help preserve them.

Initial Consultation with a Tulsa Divorce Lawyer

Leaving the family home is an emotional and difficult decision. It involves potentially leaving your children and belongings behind with an uncertainty as to when you might see them again. It is so important to discuss your case with a family law attorney before making that decision to leave.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.

For a low-cost confidential consultation, call now: 918-924-5526.

Many couples do not realize that appearing in court and attending hearings is not necessary to obtain a divorce in Oklahoma. When a couple is amicable or has agreed to be cooperative in the divorce process, court can be avoided altogether. 

Couples that do choose to work together have the opportunity of taking part in two different processes Oklahoma offers. The first process is called the waiver divorce.  Couples are rewarded with a short divorce timeframe as a result of cooperation.

The other process takes more time, but does effectively keep couples out of the courtroom. It is called mediation. Mediation involves a neutral third party acting as referee between the spouses encouraging negotiation and settlement. Instead of the couple trying to work emotional issues out together, a neutral third party provides a calm and safe environment.

Waiver Divorce

Also known as an uncontested divorce, this occurs when both spouses have reached an agreement on everything pertaining to the divorce process. As a result to this complete agreement, a divorce can be accomplished in as little as 10 days.

The agreement between the spouses can be drafted in the form of a marital settlement agreement. The agreement must include all of the following: child custody and visitation, child support, alimony, division of assets, including property, household items and valuables, division of debt, and health care resolution. If the parties disagree on anything, they must file a contested divorce.

The settlement agreement must be drafted prior to filing with the court. This allows the couple to submit all the forms and paperwork at once, including the settlement agreement, parenting plans and any other forms.

Couples who have children must wait 90 days for the process to be complete as well as attend a class on how divorce affects children. However, couples without children will complete the process in 10 days.

Mediation

The mediation process incorporates all the same elements of an uncontested divorce, however a neutral third party in involved in negotiating the settlement terms.

If a couple wants to avoid court, but they are not able to get along through their respective family law attorneys, then a professional mediator can be hired. This professional negotiator is skilled in communication and obtaining the primary concerns of parties.

The mediator will help the couple indicate what the most important issues are, including custody, asset division and alimony. Having a third party calmly indicate what is important sets a different tone than the tone of frustrated spouse.

The mediation process can help couples that are not quite ready to negotiate on their own, but don’t want to spend money and energy on multiple hearings. This option provides a great alternative to couples willing to try.

Although couples can complete the divorce process outside the courtroom, Oklahoma does require one spouse to appear before the court. The spouse must testify that irreconcilable differences exist between the couple and that they are residents in the county the divorce was filed. Other than this appearance, the couple can choose to avoid the courtroom.

Initial Consultation with a Tulsa Divorce Lawyer

If you are considering divorce and want to avoid a lengthy court process, it is imperative that you contact a Tulsa divorce lawyer as soon as possible. Collecting documents and drafting a settlement agree can take some time. The sooner you hire a skilled and experienced family law attorney the sooner you can start moving on from your divorce.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.

For a low-cost confidential consultation, call (918) 924-5526.

 

In Oklahoma, alimony (also known as spousal support) is calculated and assigned based on many different factors. Judges have wide discretion when assigning alimony. Judges use their discretion to weigh various factors in deciding what is fair and equitable.

However, before discussing how alimony is calculated and if alimony from a prior marriage is considered in the calculation, it is important to understand the purpose behind alimony.

What is Alimony

The word “alimony” itself came from the Latin word alimonia, which means ‘nourishment and sustenance.’ The purpose is for the supporting spouse to pay to the supported spouse an amount to maintain the standard of living that took place during the marriage.

Alimony also has a rehabilitative approach. The support lasts for a reasonable amount of time until the supported spouse becomes self-supporting. The supported spouse is greatly encouraged by the family court system to eventually be self-supporting; alimony is not meant to be indefinite.

Types of Alimony

There are two types of alimony: temporary and permanent.  Temporary alimony is ordered by a judge during a temporary order hearing.  This takes place during the divorce process before the final divorce decree.

The temporary alimony amount is usually higher than the permanent amount with the idea that the supported spouse will slowly receive less funds from the supporting spouse and more funds from employment.

Permanent alimony is ordered once the divorce is final.  The spouses can agree on a monthly amount, or the judge will order an amount.  The amount can be one lump sum, or more traditionally, be paid to the supported spouse monthly. Alimony in Tulsa can also be ordered in the form of assets based on the value of the asset and given to the supported spouse.

Calculating Alimony

Oklahoma family courts do not use guideline calculations. Instead they depend on a list of factors that are considered when awarding alimony. In addition to the amount of alimony, judges also order the type, manner, and duration of alimony payments.

The whole of the circumstances is considered when calculating alimony. Factors that are considered include spouse’s education, current employment, ability to be employed, special needs, ability to pay alimony, role in the marriage, length of the marriage, ability to be self-supporting and each spouse’s needs.

Carefully analyzing these factors allows a family court judge to come to an informed and reasonable decision for both parties.

The existence of current alimony payments for a previous marriage is considered, yet at the same time not considered. Just because a spouse is already paying alimony does not preclude them from paying alimony to a new spouse. However, the judge will take into consideration the supporting spouses ability to pay based on current financial responsibilities.

In essence, a spouse does not get a free pass if they are already supporting an ex-spouse.

Expiration of Alimony

Each type of alimony will naturally terminate at different dates. For temporary alimony, this terminates as soon as the final divorce decree is issued by the judge. This will then trigger permanent support to begin.

Permanent alimony will terminate depending on the factors the judge considered when ordering alimony. Part of the court’s determination is based on how long the judge believes the supported spouse needs to become self-supporting.

In practice it is not uncommon to find alimony ordered one year for every three years married. These are very general numbers, and not what the court uses to calculate. However this is a common ruling.

Regardless of the factors, there are two instances when permanent alimony must terminate despite the judge’s ruling. If the supported spouse dies, alimony ceases. If the supported spouse marries, alimony payments stop.

However, the supported spouse can file a motion with the court within 90 days of remarriage stating that alimony is still needed, and it would be unfair to stop the support. If the court finds the supported party’s claim reasonable then the payments continue.

Initial Consultation with a Tulsa Divorce Lawyer

The alimony system is a grey area of family law, an area only experienced family law attorneys know how to navigate. It is important to have exceptional representation when issues arise that may affect alimony payments.

Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.

For a low-cost confidential consultation, call 918-924-5526.

 

Oklahoma is one of forty states that is an equitable distribution state, which means that asset distribution after a divorce is accomplished fairly. Most people believe that assets and debts are divided 50-50 in a divorce, however in equitable distribution states, assets are divided based on the concept of fairness. 

The division process is quite complicated and requires representation. You should hire a skilled Tulsa divorce attorney in order to accurately and properly receive items that are rightfully yours.

Separate Property and Marital Property

Before discussing how assets are divided, it is important to understand what is divided. Separate property remains the property of the owner; marital property is what is divided either through a settlement agreement or a family court judge.

Separate property is property that a spouse owned prior to marriage, any gifts from a third party to one spouse, inheritance and any legal settlements received during marriage. For example, your best friend gave you a birthday present, that is your separate property. However, if you purchase a laptop during the marriage it is not separate property.

Marital property is everything that is not separate property. Marital property is also referred to as ‘community property.’  Any property acquired during marriage, prior to separation, is marital property regardless of whose name is on title or which spouse claims to ‘own’ the item or asset.

Read more about the definition of maritial property in Oklahoma here. 

Fair Not Equal

Equitable distribution requires property, assets and debts to be divided fairly based on a number of factors. This means that one spouse could receive more than 50 percent of the assets. Yet, based on the application of the factors, this would be considered a fair division. Equitable distribution could also mean virtually half-and-half division of assets, but leave one spouse owning alimony to the other. Courts tend to award alimony when one spouse was a primary income earner and the other contributed more to family or household duties.

Marital Settlement Agreement

As previously stated, property can be divided either through a settlement agreement or a family court judge. It is by far more beneficial to enlist the help of an experienced Tulsa divorce attorney to assist in the execution of a marital settlement agreement (MSA) because you do not want to leave your assets in the hands of the family court system.

You and our spouse can choose how to divide your family assets. You can divide the assets however you wish as long as you can testify in front of a judge that the division is just and equitable.

Factors

If you are not able to agree with your spouse on the division of the marital property, then a court will step in and do it for you. The judge distributes the marital property based on several factors. Some of the factors include:

• Value of the property
• Who contributed what property, asset or debt to the marriage
• Sacrifices a spouse made during the marriage to benefit the family
• Involvement with their children
• How the asset is used
• How the absence or presence of the asset or debt would affect the spouse or children

This is not an exhaustive list but gives an idea as to what the court is considering when distributing marital property under equitable distribution doctrines. Courts have broad discretion in deciding what is fair and equitable, but not limitless discretion. The concepts of community property and marital property further limit how courts can equitibaly divide property during a divorce.

Community Property In Oklahoma

The concept of community property further defines how courts in various states will address equitable distribution. Oklahoma is a community property state. That means all marital property is owned equally by both parties. However, Oklahoma also allows spouses to hold property as joint tennants, or tennants in common. The latter form allows disproprtionate ownership shares by more than one party.

When marital property is community property, debts incurred during the marriage are assigned to both parties – in most cases. Where one party was unaware of debts the other party incurred, a court might relieve the innocent spouse of debts incurred without their knowledge.

Financial Contributions to the Marriage

As a community property state, Oklahoma does not necessarily consider who contributed what to a marriage when equitably distributing property or assigning debts. An expection is when one or both parties hold property acquired outside the marriage. Property inherited during a marriage might be considered non-marital property.

Assets aquired before the marriage are considered individual property — unless they are comingled with marital assets. A house purchased before the marriage could be an individual asset unless the other spouse contributed to upgrading or paying for the house.  Inherited assets of one spouse can be transmuted into marital property if the funds are comingled in a bank account.

Initial Consultation with a Tulsa Divorce Lawyer

Leaving your asset distribution up to the family court system can be risky. If you are not savvy to equitable distribution, then the process can be tricky.

Meeting with a family divorce attorney will help you understand the process more thoroughly and be prepared throughout your divorce.

Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.

For a low-cost confidential consultation, call Divorce of Tulsa Law Office at  (918) 924-5526.