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    Divorce of Tulsa Law Office

    Oklahoma divorce information

    Oklahoma alimony lawsTulsa, Oklahoma courts retain jurisdiction over divorce cases long after the divorce decree is issued if there are continuing issues of child custody or support, or spousal support orders.

    Under Oklahoma alimony laws, spousal support may be granted to a spouse in order to help the transition from marriage to being single if the spouse’s circumstances warrant the award of support and the other spouse has the ability to pay.

    When the supported spouse’s circumstances change after the divorce, under Oklahoma alimony laws the court may modify the support award. However, the supporting spouse must request relief in the form of a motion before the court.

    Is Cohabitation a Violation of Oklahoma Alimony Laws?

    Under Oklahoma alimony laws, voluntary cohabitation of a former spouse with a member of the opposite sex is considered grounds for such a modification order for spousal support. (Okla. Stat. tit. 43 § 134C)

    When voluntary cohabitation is alleged in a motion to modify spousal support, the court has jurisdiction to hear the issue and to either terminate or reduce the spousal support award upon proof of substantial change of circumstances of either party to the dissolution of marriage.

    However, if the original divorce decree states that spousal support shall continue regardless of the cohabitation status of the supported spouse, the decree usually prevails unless the supporting spouse can show a substantial change in his or her ability to pay the support.

    Additional Considerations

    The statute defines cohabitation as dwelling together continuously and habitually, in a private conjugal relationship, but not rising to the level of a marriage according to law, or meeting all the standards of a common-law marriage.

    So what happens if the cohabitation is occasional, or in some way does not rise to the “continuous and habitual” level as defined by the court? The results of this motion before the court is very dependent upon the underlying facts of the case.

    In the instance of occasional cohabitation, the court has considerable discretion under Oklahoma alimony laws. It may depend upon how occasional the cohabitation is.

    Low-cost Initial Consultation: Tulsa Alimony Attorney

    Your choice of a divorce attorney in Tulsa can make a substantial difference in the handling of continuing spousal support obligations.

    If you have questions or concerns about your continuing obligations under Oklahoma alimony laws, you should contact an experienced Tulsa divorce attorney as soon as possible.

    For a low-cost confidential alimony consultation, call the Divorce Law Office of Tulsa today at 918-924-5526.

    Oklahoma alimony paymentsIn Tulsa, Oklahoma, courts have the ability to award alimony to a divorcing spouse based on its review of a number of conditions during the divorce proceedings.

    Oklahoma alimony payments are meant to help a spouse make the transition from marriage to independent living again.

    FAQ: Oklahoma Alimony Payments

    Oklahoma does not follow strict rules for calculating alimony. Some of the factors that a court will consider are: the length of the marriage, the earning power of both spouses, each spouse’s needs, and each spouse’s ability to be self-supporting.

    The resulting marriage settlement agreement and order have been given careful consideration by all parties especially the Tulsa family court judge.

    How Remarriage Impacts Oklahoma Alimony Awards

    So what happens when a supported spouse remarries in Oklahoma? In almost all cases, remarriage ends Oklahoma alimony payments to the receiving spouse unless the divorce decree specifies otherwise.

    There are situations, carefully considered at the trial court level, where the order for support will be ongoing. For example, when a spouse is severely disabled, the court may issue ongoing support orders, especially if the marriage was lengthy.

    The supporting spouse must take active steps to end their requirement to make Oklahoma alimony payments. Once the supporting spouse determines that the ex-spouse has remarried, the supporting spouse’s attorney brings a motion before the court to make it aware of the remarriage.

    The court then issues an order terminating the Oklahoma alimony award. It is important for you to hire a qualified Tulsa family law attorney to help you bring this matter to a close.

    Remember, an Oklahoma divorce does not end once the decree is issued. Alimony and child custody issues are ongoing matters for family court officials to handle.

    Low-cost Initial Consultation: Tulsa Alimony Attorney

    For a initial consultation with a Tulsa family law attorney about your alimony or spousal support concerns, call the Divorce of Tulsa Law Office at 918-924-5526 today.

    child custody in OklahomaThe Tulsa, Oklahoma legislature passed HR 2536 in 2014 in an effort to help families in crisis. Now codified as Okla. Stat. tit. 10 § 700-701, the statute allows a custodial parent to temporarily delegate child custody in Oklahoma to another person via an executed power of attorney.

    This allows a custodial parent a quick and inexpensive way to delegate or transfer child custody in Oklahoma without having to obtain a court order. Before this bill was enacted, the only way to temporarily transfer child custody in Oklahoma was through a costly guardianship proceeding.

    FAQ: Transferring Child Custody in Oklahoma

    For the family who finds themselves suddenly homeless, this can allow the parent to have their child cared for at a facility or by another trusted adult, often a grandparent, without the involvement of the foster care system and without being labeled as “unfit.”

    The Tulsa power of attorney may be effective for as little as 24 hours or for as long as one year. It allows the person to whom temporary custody is being transferred to do such routine tasks as to enroll a child in school, and to sign consent forms at school such as those needed to take class field trips. It also allows the person to consent to routine medical care for a child, with some limitations.

    There Are Some Limitations You Should Know About

    The effective time period of the transfer of child custody in Oklahoma is limited to one year. If the parent wants to extend the temporary custody transfer at the end of that year, the parent must execute a new power of attorney.

    Because this is a voluntary transfer, the maker may revoke the power of attorney at any time. This allows the parent to retain control.

    The power of attorney does not extend to consent to marriage, adoption, abortion, or to terminate the granting parent’s rights. These decisions rest solely with the parent and cannot be delegated through this process.

    Most important to the parent, the granting of the power of attorney does not deprive the parent of any legal authority regarding the care and custody of the minor child or constitute abandonment – unless the parent or legal custodian fails to make contact or execute a new power of attorney after the one year time limit has elapsed.

    Potential Issues in Transferring Child Custody

    It is unclear how this new law affects existing law regarding other issues regarding child custody in Oklahoma and visitation issues. For example, it is unclear how this new law affects existing custodial orders.

    Can the parent who seeks to transfer custody only grant the “amount” or quality of custody they hold to the third party? What happens to the child if the delegating parent passes away?

    What power does the temporary guardian have then and how does the temporary guardian then seek help? What happens if the temporary guardian is an abuser or has allowed the child to come to harm in some way?

    It will likely take the court system time to sort through these issues as they arise. In the meantime, the procedure provides a good alternative to costly judicial intervention when the need for a temporary change of custody arises.

    Low-cost Initial Consultation: Tulsa Child Custody Attorney

    For a low-cost consultation about any issue related to child custody in Oklahoma or another family law matter, call the Divorce of Tulsa Law Office today at 918-924-5526.

    paternity in OklahomaBringing a child into the world is a time of great changes for parents. Some of these changes may be joyous, others anxiety-provoking. Not having clear and legal lines of paternity can produce significant anxiety in either parent.

    A petition to establish paternity in Oklahoma is one way to resolve the issue of the identity of an unborn child’s father. The biological mother may bring such an action, but so may the biological father or the presumptive father (i.e.: the mother’s husband or partner.) In fact, once the child is born, the child may also petition the court to establish paternity in Oklahoma.

    There are many reasons why such a petition can and should be filed in Tulsa. And there are good reasons to do it prior to the birth of the child.

    Reasons to File a Petition Before Birth

    Issues of custody, support, visitation can all be ruled upon once paternity is established. Filing the petition provides a basis for the court to order DNA testing to establish who the father is. The paternity issue cannot however, be finalized until after the birth of the child. So why file before the child is born?

    People move. Memories fade over time. As part of the petition process, the parties can engage in discovery. Discovery is a process that allows the parties to delve into the facts and evidence that might support the claim. It allows not only DNA testing to be ordered, but also allow parties and witnesses to be deposed.

    A deposition is testimony taken in an informal setting, but it has the same force and effect as testimony given in a courtroom. This allows the parties to question each other. It also allows the parties to question others who might support the paternity claim or have a clear defense to the claim.

    Filing a paternity in Oklahoma claim also lays the groundwork for early resolution of custody, support, and visitation issues. These issues can be full of anxiety for new parents and filing early can alleviate this stress early, leaving time and emotional space to bond with the child once it is born.

    FAQ: Petition to Establish Paternity in Oklahoma

    In some ways, a petition to establish paternity in Oklahoma is like filing a Tulsa civil litigation action. The petitioner files a claim with the court and then serves the responding party with the papers. The responding party can then file responding papers, and the discovery process, including DNA testing, can begin. (Okla. Stat. tit. 10 § 7700-611)

    If the father is not available for testing, the biological mother may be able to have the court order testing of the father’s immediate relatives. Without their consent, you need a court order to obtain DNA testing of these relatives.

    Responding to the petition confers the court with personal jurisdiction over the respondent that it might not have in other circumstances. Thus, if the responding party has not lived in Oklahoma or had other dealings with the state sufficient to confer personal jurisdiction, responding to the petition will confer personal jurisdiction.

    Initial Consultation with a Tulsa Paternity Attorney

    This is a sensitive time. And it passes quickly. To preserve your rights and those of your unborn child, contact a family law attorney today. For a initial consultation with a Tulsa paternity lawyer, call the Divorce Law Office of Tulsa at 918-924-5526.

    my spouse left Oklahoma with my childAlthough divorce is difficult, not having access to your children is even harder for most parents.

    An increasingly common issue people hear is, “my spouse left Oklahoma with my child.”

    If your spouse has left the state with your children, he or she may be in violation of Oklahoma law and you may be able to file a police report.

    However, you also have civil remedies available in a Tulsa family court.

    My Spouse Left Oklahoma With My Child – What Can I Do?

    As a preliminary matter, both spouses have joint physical and legal custody of their children. However, it is illegal for one spouse to hide or conceal their children.

    Oklahoma law states that it is a crime to maliciously forcibly or fraudulently conceal a child from anyone who has custodial rights.  (21 O.S. § 891; see Wilkins v. State, 985 P.2d 184 (Ct of Crim App 1999).

    Therefore, taking children out of state without the permission or knowledge of the other parent is a crime.

    Civil Liability in Tulsa Child Custody Matters

    Although the other parent can be arrested for taking a child out of state in these circumstances, you will also need a civil court order to get them back.

    You can file an emergency custody order, which will require the other parent to return the child.

    If he or she fails to bring the children back, he will be in contempt of the order and will face additional civil penalties.

    An emergency custody order will likely give you primary physical custody of the children and will be in place at least until the divorce is finalized.

    FAQ: The Oklahoma Divorce Process

    In order to get a divorce, the spouse must have been a resident of Oklahoma within the past six months.

    Therefore, you should file for divorce as soon as possible if the other spouse intends to live outside of the state indefinitely. To file in Tulsa, you must have been a resident for 30 days.

    During the divorce, you should ask that the other parent not take the children out of state without permission as part of the final divorce decree.

    Initial Consultation with a Tulsa Divorce Lawyer

    When your marriage comes to an end, you will need the best legal representation. Contact a reliable and knowledgeable Tulsa divorce attorney today.

    A no-cost initial consultation can help you decide whether Divorce of Tulsa Law Office can provide the best Tulsa child custody lawyer for your family law matter.

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

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