Oklahoma divorce information

There are many factors Oklahoma courts consider in weighing how to award the family house in a divorce. The home is often the largest asset most families have and often the most sentimental.

It is not an easy decision for many judges to split up the family home if the spouses cannot agree. However it may be necessary if the parties are unable to come to an agreement.

Some factors include:

• If either spouse moved out of the house
• If the sole custodial parent is raising the children in the house
• Any inheritance issues
• Contributions to the house from each party
• Fairness and equality

The two most common ways the family house is divided is discussed in the sections below. It is important to remember when going through the divorce process it is most beneficial to stay out of the courtroom.

The more you can compromise with your spouse and settle division of assets, the less likely your assets will be divided by a judge who doesn’t understand the complexities of your marriage or your belongings.

Although judges are skilled at this area of family law, they are still not known to you, your spouse or your family.

Don’t leave division of your assets to someone else. Make sure you are protected by working with a knowledgeable Tulsa divorce attorney.

By Agreement

You and your spouse can make a list of all the assets that need to be divided and negotiate on how to divide them, including who receives the family house. If you come to an agreement, a Marital Settlement Agreement is created. It is then filed with the court, a judge will sign it, and the agreement becomes an “order.”

As stated, avoiding the courtroom is preferred. If you enter into a Marriage Settlement Agreement you could obtain a divorce without having to ever step foot in a courtroom.

Your family law attorney can handle all the forms and file the necessary paperwork.

If you and your spouse are interested in coming to an agreement, but are having trouble seeing eye to eye, mediation might be very helpful. Mediation is commonly used when drafting a Marital Settlement Agreement.

Fair and Equitable Distribution

Oklahoma is an equitable division state. If the court needs to intervene, they look to the needs, incomes, and contributions of each spouse when deciding how to divide assets.

If children are involved in the divorce, the court will take into consideration their needs.

The court has wide discretion to decide what is fair and equitable. If the court feels one parent needs additional funds for the children, or they do not have the earning capacity to afford certain necessities, then the court may not divide the assets in traditional 50-50 division.

For example, the primary custodial parent may be awarded the family home, while the non-custodial parent is awarded other assets like stock or rental property.

If the couple does not have children, and the court believes it fair and equitable, it may be more appropriate to require one spouse to buy the other spouse out or to require the family home be sold in order to split revenue.

There are some exceptions to the “fair and equal” division of assets. This occurs in cases where the property is clearly separate property or one spouse has significant investment in the house prior to marriage.

Separate property is acquired prior to marriage and maintains its separate character as long as the house does not “transmutate.”

Transmutation occurs when the separate property characterization changes to marital property. This can happen by putting your spouse’s name on the title. In this case one spouse may be required to buy out the other in order to retain the house.

Initial Consultation with a Tulsa Divorce Lawyer

Threat of losing your family home can be one of the most stressful aspects of a divorce. The family home is not only an asset, it is a sentimental piece of history that holds memories.

Being represented by a Tulsa divorce attorney can help ease the stress of the unknown during the divorce process. The division of assets during a divorce is complex and requires expert attorneys working on your side to ensure your rights are protected.

Contact an experienced Tulsa divorce attorney for help with child custody and expert representation for your divorce.

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

 

Beginning the divorce process is not easy. Most individuals have never experienced the family law system before, and navigating the court process can be overwhelming. Hiring a family law attorney helps prepare you for the process, helps protect your rights, and provides information and education on the process. 

The Importance of the Attorney-Client Relationship

Choosing a family law attorney is not a decision to take lightly. This professional will know intimate details of your relationship, your finances, and your children.

Most of us do not meet a complete stranger and begin discussing how our marriage ended. However, that is precisely what you will be doing. Being represented by a family law attorney that is both assertive in the court room and empathic in your private meetings is ideal.

You should meet with several family law attorneys before making your decision. If an attorney does not offer a low-cost consultation, usually that is a red flag. Below are the best questions to ask during the first consultation.

Can I Tell My Story?

It is wise to write down facts of your marriage, such as when you were married, if you have children and how many, their ages, each spouse’s employment, education, and any special needs that you, your spouse or children have. Include any other facts, such as if you own a business or home together, and if you have any major assets or debts.

Being able to give your potential family law attorney an outline of your life is important, and a good family law attorney will listen. If the attorney jumps into asking you irrelevant questions, then might consider whether the fit is. On the other hand, what matters to you might not be the most important element to divorce lawyer at this time.

It can be tempting to unburden oneself of the grief of a marriage gone wrong by spilling dirt to a divorce lawyer. Your attorney might not see so much benefit in retelling every argument that led up to the divorce. A divorce lawyer can help you recognize which dirt is best swept aside and what is relevant to a divorce proceeding.

For example. a spouse’s wasteful spending while a marriage disintegrated might matter to you, but divorce courts do not typically relitigate marital spending. Your divorce lawyer would be more interested to find out if the other spouse has hidden assets or debts that could affect an equitable distribution of marital property.

Likewise, notice when your new attorney focuses on questions related to child custody and support. Chances are, the attorney is framing questions to gain specific information related to legal requirements which could determine those custody or support decisions.

Being able to tell your story and connect with your potential attorney is important in the beginning and shows that the attorney is willing to take the extra time to listen to you. Yet you are paying for this time, so trusting an attorney to guide you toward relevant parts of your story can save money and potentially reduce frustration.

Do You Favor Mediation or Trial?

Trial is expensive and most attorneys try to avoid it as much as possible for their clients. Mediation is a process where mutual compromises are made outside of court and a marital settlement agreement is drafted.

Mediation is preferred by many clients because it is less stressful and less expensive than participating in a trial, and the decisions are ultimately in the hands of the spouses, not the judge.

A trial requires many hours of billable time, and many family law attorneys’ fees increase if they have to be present in trial. The decision maker at a trial is the judge, not the spouses.

How Do You Bill Your Clients?

Knowing when and how you will be billed is important. You want to know the amount of a retainer and how it is applied. Asking the average number of hours your case will require each month will help prepare you for payments.

Ask about supplies that you will be charged for as well, like paper copies or stamps. Another area of billing to ask about is communication. It comes as a surprise to some clients that attorneys bill for talking with clients by phone or email. Make sure you understand the cost of a phone call and an email. Ask your attorney’s preferred method of communication.

The most important concept in this section is to be knowledgeable about fees. Do not be afraid to ask questions and to keep keep yourself apprised on your account balance.

If the Tulsa family law attorney you are meeting with is not able to answer these questions in a friendly manner, it may not be the attorney for you.

Who Will I Be Working With?

Many clients are surprised when they hire a divorce laweyr then end up working with the lawyer’s paralegal most of the time instead. Although this is very common, it can be unsettling to the client that is not prepared.

Ask your attorney who be working on your case. Although a lawyer sets strategy and supervises clerical work, a paralegal often drafts motions, gathers information and calculates certain financial terms based on established formalas. If the attorney’s paralegal will be extensively involved, ask to meet him or her while you are there, and make sure you are comfortable with that person.

Often it is a huge cost saver to work with a paralegal on the day-to-day tasks, while your attorney tackles the major legal issues in your case. However, if you are not expecting that, it can be difficult to suddenly work with someone you have never met.

How Long Will My Case Take?

This is kind of a trick question for the attorney. If they give you an exact time frame, that could be a clue about their experience or lack of experience.

No family law attorney can tell you how long your case will take after one consultation. However, asking the average case length is something they can answer.

All family law cases are different, and the length depends on many factors. If the attorney is able to acknowledge that concept, and can give you examples of similar cases to your own, then they know what they are talking about.

Initial Consultation with a Tulsa Divorce Lawyer

Beginning the divorce process is never easy, and finding a family law attorney who can appropriately represent your interests is even harder. Utilizing the information we gave you will help make the process easier and less overwhelming.

Our firm offers low-cost consultations, and we look forward to you using the information we gave you here with us.

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.

 

Once you have decided to hire your family law attorney and scheduled the first meeting, you will want to prepare to use your time efficiently. Choosing to divorce is a difficult step and the process can be lengthy. However, the more prepared you are, the less time your attorney spends trying to get documents and information from you. This ends up saving you time and money. 

Attorney emails and phone calls can add up billable hours quickly. To avoid that from the beginning, we will go over key information for you to bring with you to your first meeting.

We recommend writing down all this information in a notebook or binder that you can continue to add to after each meeting with your attorney. Staying organized helps the process move in a timely manner.

Personal Information

In your notebook, write down all your biographical information and personal information. This includes your full name, address, all phone numbers, employment name and address, and date of birth. You will also want to write down your spouse’s full name, address, all phone numbers, employment name and address, date of birth, driver’s license number, and social security number.

Your Tulsa family law attorney will also need your date of marriage. If you have children bring their date(s) of birth, names and sexes.

Lastly, bring your driver’s license and social security card with you to the first meeting.

Marriage Narrative

Chances are that you already had a consultation with your family law attorney, so they know the general issues that will come up in your divorce. However, taking some time to write a narrative of your marriage in more detail will help your attorney anticipate the legal issues that may arise during the process.

In your narrative, you want to include the history of your relationship. Describe yourself and your spouse and what kind of partners you were. If there were marital problems in the past make sure to indicate what those were and if there are any current marital issues – perhaps the issues that led to the divorce.

Discuss your children and the relationship they have with you and your spouse. Include what you believe your strengths and weaknesses are as well as your spouse’s.

This does not need to be long, nor does it need to include every detail of your relationship. Try to frame the story in a way that will help your family law attorney handle your case and predict any issues that may arise.

Financial Information

It is not necessary to bring stacks of financial documents or bank statements. The first meeting is to help your Tulsa family law attorney understand the main issues, and how you can best manage the divorce. You will need to provide an initial payment, or retainer, and make arrangements for additional costs as they arise. Be honest with your attorney about your ability to pay.

Your attorney will eventually need to know what assets you have, such as balances in your bank accounts, retirement accounts, IRAs, property, vehicles, and anything else of significant value. You will be required to honestly disclose this information to the court and to your spouse’s attorney as the basis for an eventual divorce settlement.

Also make sure to write down your significant debt, such as a mortgage, credit cards, and any other loans, as well as your monthly expenses. You don’t have to account for every dollar, but a general understanding of your monthly expenses will be helpful during this first meeting.

For the first meeting, it is not necessary to bring your tax returns. However, eventually your attorney will need your last two year’s tax returns and year-to-date employment pay stubs. Collecting this now will save a lot of time later.

Initial Consultation with a Tulsa Divorce Lawyer

Being prepared is not just required of your attorney, but you should require this of yourself. Having this information well documented, written out, and within reach will make you a client every attorney wants to have.

It is too often that attorneys are trying to track down financial information from their clients. Having this information ready has the potential to save you a significant amount of attorney fees.

Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process. For a low-cost confidential consultation, call (918) 924-5526.

 

A Tulsa County divorce is one of the most difficult situations that partnered adults living in Oklahoma face. It is a time of great upheaval as we look for new living situations, make decisions about our children and their care and needs, and make other decisions that will have long-lasting implications on our financial futures.

Emotions run high as we deal with anger, betrayal, fear, and grief, among other emotions. The question of whether to speak with your spouse about your Oklahoma divorce during the proceedings is probably unique to each married couple. Private conversations between divorcing spouses can be difficult.

Pros to Talking About a Tulsa County Divorce

Certainly, if you can do so safely, and keep emotions under control, there are some real advantages to talking about your Tulsa County divorce. So many issues need to be resolved at this time: child custody, visitation, support, alimony, separation of assets, paying off creditors, and finding new living arrangements.

If all of these decisions are made using attorney time, a Tulsa County divorce can become quite expensive.  The less contentious the issues are, the less expensive the divorce as a rule.  Agreements made early can be taken to your Tulsa divorce attorney to be finalized.

However, if emotions are out of control, or if there are safety issues such as those involved in abusive relationships, meeting privately may not be a good idea. In those cases, it is best to let your attorney handle the negotiations.

Before meeting in person, you might try a tiered approach to meeting. Perhaps try emails first. Emails take some of the “heat” out of the discussion. Because of that, they might be useful to test the waters to see if you and your spouse can work together collaboratively.

But be careful what you write in an email; they can be used as evidence against you in court. So never act in an abusive manner in an email communication.

You might also try telephone calls. These have the advantage that if things start to heat up during the conversation, it is easy to end the conversation. All you need do is hang up.

It is always best to keep these conversations business-like. Be able to put the brakes on your own emotions and set boundaries around your spouse’s emotional outbursts if they occur.

If you decide to meet in person to discuss your Tulsa County divorce, meet in a neutral location. Try a coffee shop with lots of people present. The presence of others in a neutral environment tends to help calm the situation.

Keep the tone of the conversation business-like and again, be careful to put the brakes on your own emotions.

If you are able to come to an agreement with your spouse on an issue, you can put it in writing and both sign it, make a copy, and both of you can take that agreement to your attorneys. It will save time and money.

Caution: Conversations As Evidence

Sometimes, spouses will record the conversations between them whether they are on the phone or in person. Not every Tulsa County divorce judge will hear a recorded conversation, but some will, especially if to prove state of mind or intent.

So be careful what you say and how you say it when you have any sort of conversation with your spouse during an Oklahoma divorce proceeding. If you have questions about conversing with your spouse, talk to your Tulsa divorce attorney about it.

Low-cost Initial Consultation: Tulsa Divorce Attorney

An Oklahoma divorce can be a complicated matter. Hiring an experienced Tulsa divorce attorney is critical to make sure that the court is made aware of all the facts in your case.

Call the Divorce Law Office of Tulsa today at 918-924-5526 to make an appointment for your initial consultation.