Oklahoma divorce information

After a divorce in Tulsa, it’s important to review who you have named in your will and other estate planning documents to manage your estate when you die or when you are unable to do so yourself.

It is not uncommon for someone to forget to change the beneficiary designation on his or her retirement or investment accounts and mistakenly leave significant amounts of money and assets to a former spouse.

Thus, it is important that you review your will and financial documents, as well as, your health care directives, HIPAA authorizations and powers of attorney after your divorce in Tulsa to make sure that they all still express your true wishes.

Estate Planning After A Divorce In General

It is generally a good idea to update your estate planning documents after any major life events, such as a marriage, divorce or death in the family. It is important that the information within those documents reflect any changes in the circumstances of your life or in the lives of your family members.

This is especially important when it comes to your will, health care directive and HIPAA authorization. If your health care directive or HIPAA authorization lists people who no longer live near you, who have themselves passed away, or whom you no longer want to have a say in making health care decisions for you, it is important to revise these documents before these decisions need to be made on your behalf.

Mind Who Gets Access To Your Money

One of the biggest reasons for revising your estate planning measures after a divorce in Tulsa is that you may no longer want your ex-spouse to inherit or have access to your estate after you die. If you have minor children and you haven’t revised your estate planning documents, there is the possibility that any assets you leave to your children will be administered by your ex-spouse, if he or she has custody of your children after you die. When this happens, it would not be uncommon for your ex-spouse to have different ideas than you concerning how these assets are to be managed.

Don’t Leave It To The State

In some respects, Oklahoma law deals with the estates of single persons differently than those of married couples. If you haven’t made the proper changes to your estate planning documents after a divorce in Tulsa, the state will decide how your assets are to be distributed, which might not be in the manner that is best for your family.

The peace of mind that comes with the knowledge that your estate will be handled in the manner that you wish after you die or become incapacitated is invaluable. Thus, you should review your estate planning documents soon after a divorce in Tulsa to exercise the maximum amount of control over how your estate is to be distributed and to insure that decisions are not being made on your behalf by people who have no personal interest in what’s best for you or your family.

For more advice on estate planning after a divorce in Tulsa, you should contact an experienced estate planning attorney soon after you have received your final divorce decree.

Initial Consultation: Tulsa Divorce Lawyer

For a low-cost consultation to find out how the Divorce of Tulsa Law Office can protect your interests and help preserve your peace of mind, call us today.

Alternately, send the Tulsa divorce lawyer a question using the “Ask a Lawyer” form on this page. Enter your e-mail address or phone number and we’ll get in touch as soon as possible.

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

A Tulsa divorce decree can be modified if: (1) there have been substantial changes in circumstances that were not foreseen at the time the divorce decree was ordered by the family court; and (2) the changes are of such a nature that they render the divorce decree, as first ordered, unreasonable.

Modifying Property Division After a Tulsa Divorce Decree

While many aspects of a Tulsa divorce decree may be modified, the division of property pursuant to a Tulsa divorce decree, like the transference of real or personal property, cannot be modified.

Modifying Spousal Support After a Tulsa Divorce Decree

Either party can request a modification of spousal support if they can show that certain material circumstances call for an adjustment in the terms.

An increase or decrease in income or living expenses of either spouse can be grounds for a modification of spousal support. In addition, spousal support may be modified if the receiving spouse starts cohabiting with a member of the opposite sex.

Modifying Child Support After a Tulsa Divorce Decree

A child support order may be modified if there was a final order for child support in your Tulsa divorce decree and if either parent seeking the modification can show that significant changes in circumstances have occurred. For example, if the child is in need of special education or medical treatment, an increase may be warranted. On the other hand, if the income of the parent receiving the child support has increased significantly, child support may be reduced.

While future child support payments may be modified in the event that your financial circumstances change, it is virtually impossible to avoid paying back child support. Back child support cannot be reduced retroactively nor can it be discharged by filing bankruptcy. Furthermore, back child support may even be enforced against your estate in the event of your death.

Modifying Child Custody After a Tulsa Divorce Decree

Like with child support, a child custody order can only be modified if there was a final custody order in your Tulsa divorce decree and there has been a substantial change in circumstances since the decree was ordered. Oklahoma courts act under the presumption that it is in the best interest of your children to leave the custody arrangements as they were ordered in your divorce decree. So, in addition to presenting the court with a substantial change in circumstances, the parent seeking the modification must also show that the change will be better overall for the children.

Tulsa Family Law Attorney: Low-cost Initial Consultation

When divorced spouse’s circumstances change significantly, child support or child custody orders may need to be reviewed and sometimes modified. We assist clients when they need to know if recent changes are enough to ask an Oklahoma court to modify support or custody orders.

To find out how the Divorce of Tulsa Law Office can assist in your Tulsa family law matter, call us today.

Alternately, send the Tulsa divorce lawyer a question using the “Ask a Lawyer” form on this page. Enter your e-mail address or phone number and we’ll get in touch as soon as possible.

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

Retirement funds are commonly the largest and most difficult assets to divide in a Tulsa divorce.  The value of retirement accounts can often exceed that of the marital home.  So it is important to take the necessary steps to protect yourself during the division of property in a Tulsa divorce, or you may find yourself being penalized and liable for taxes when your ex-spouse withdraws his or her share of your retirement funds early.

Retirement Funds as Marital Income

In general, retirement funds are considered marital property for the purpose of a Tulsa divorce and will be divided on the basis of equitable division. In other words, along with all other marital property, retirement funds will be divided equitably based on each spouse’s contribution to the total amount of marital property and in consideration of what is in the best interest of the children. This does not mean a 50/50 split, but division in a manner that the court sees as fair.

A Qualified Domestic Relations Order (QDRO) in a Tulsa Divorce

Typically, a Qualified Domestic Relations Order (QDRO) is used to specify how retirement funds are to be distributed in a Tulsa divorce. A QDRO allows you to specify what percentage of your retirement funds are to be allocated to your former spouse for the purpose of dividing marital assets and paying child support or alimony.

Generally, when a retirement fund is divided in a Tulsa divorce, there are no tax consequences if there is a QDRO or some other court order specifying how the funds are to be divided and the funds are not withdrawn.

There are no tax consequence at the time retirement funds are divided in a Tulsa divorce and you have the option of rolling the funds into an IRA or withdrawing the funds to use as you like. However, once the funds are withdrawn, each spouse will be taxed accordingly.

Conclusion

How your retirement funds are handled in a Tulsa divorce can have long term consequences for both parties. It could mean the difference between retiring when you want and having to work several years longer in order to afford to retire. It is wise to consult a knowledgeable divorce attorney to assist you in the decisions you make regarding your retirement funds.

 Tulsa Family Law Attorney: Low-cost Initial Consultation

Divorce, separation or other circumstances can alter financial circumstances. Estate planning, trusts, disposition of jointly-held property and preservation of individually-owned property all fall within the purview of a family law practitioner when divorce or separation upend prior family plans. To find out how the Divorce of Tulsa Law Office can assist in your Tulsa family law matter, call us today.

Alternately, send the Tulsa divorce lawyer a question using the “Ask a Lawyer” form on this page. Enter your e-mail address or phone number and we’ll get in touch as soon as possible.

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

How long it takes to get a divorce in Tulsa depends on the particular circumstance of the divorce. Every divorce is different. Your personal histories, background, financial situation, and family circumstances will determine how long your divorce will take. This article describes the primary factor that will determine how long it takes to get divorced in Tulsa.

Children and Divorce in Tulsa

In the state of Oklahoma, the fastest one can expect to receive a final divorce order is within ten days of filing the divorce petition, if there are no children involved.

If children are involved, the state is required to wait 90 days from the date the divorce petition was filed before it can issue a final divorce order.

Waiving the 90-day Waiting Period for Divorce in Oklahoma

The purpose of this 90-day waiting period is to allow you to attend marriage and family counseling to see if there is a way to resolve your differences and avoid the dissolution of your marriage. The judge can, however, waive the 90-day waiting period if:

1. Neither party objects

2. The court has “good cause” to believe it is still unlikely you will ever resolve your differences even after counseling.

In addition, the law allows the court to waive the 90-day waiting period under the following conditions, pursuant to 43 O.S. § 107.1(b):

1. Extreme cruelty.

2. Abandonment for one year or longer.

3. Habitual drunkenness.

4. Imprisonment on felony charges, state or federal.

5. The procurement of a final divorce decree outside of the state by a husband or wife,which does not in this state release the other party from the obligations of the marriage.

6. Internment in a state institution for the insane for a period of 5 years or more.

7. Conviction of child abuse.

8. A child of either party has been adjudicated as deprived, pursuant to the Oklahoma Children’s Code, as a result of the actions of either party to the divorce, and the party has not successfully completed the service and treatment plan required by the court.

Other Considerations

How long it takes to get divorced in Tulsa will also depend on whether or not you and your spouse can agree on the terms of the divorce.

If there is no accord, which is often the case where there is a significant amount of assets to be distributed and/or child custody, child support and alimony to be determined, you will need to negotiate an agreement or have the court do it for you. This process can add significant time beyond the 90-day waiting period.

How Long It Takes to Get Divorced in Tulsa

Going through a divorce can be stressful for all concerned, and most want to get it over and done with in the shortest amount of time. How long it takes to get divorced in Tulsa will chiefly depend on whether or not children are involved, and whether or not you and your spouse can agree to the terms of your divorce.

Low-cost Initial Consultation: Tulsa Divorce Attorney

For a low-cost consultation to find out how the Divorce of Tulsa Law Office can protect your interests and help preserve your peace of mind, call us today.

Alternately, send the Tulsa divorce lawyer a question using the “Ask a Lawyer” form on this page. Enter your e-mail address or phone number and we’ll get in touch as soon as possible.

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