Oklahoma divorce information

It is increasingly common for couples to live in loving long-term relationships without ever getting married. Marriage however, confers upon couples many legal rights and benefits that unwed couples do not enjoy. The most common legal right and benefits of marriage in Oklahoma can be summed up as follows:

The Right to a Divorce

We often think of marriage as a romantic arrangement, but it is in fact a legal contract. It may seem paradoxical that divorce is listed as one of the benefits of marriage, but what it represents is the underlying fact that marriage is a legal commitment that you cannot simply walk away from.

To end a marriage in Oklahoma requires the legal process of divorce or “dissolution of marriage”, as it is called in Oklahoma, in which the needs of both spouses will be taken into account in order to divide assets, debts and arrange for the support of your children. Marriage can provide means of protecting your interests should you or your spouse decide to end a long-term relationship.

Next of Kin Status

When you get married, you immediately become your spouse’s next of kin and acquire the right to consent to any financial or medical decisions on behalf your spouse, should they be incapacitated or in need of emergency medical procedures.

In addition, as your spouse’s next of kin, you will possess the right to authorize autopsies, consent to organ transplants, receive special visitation rights and make funeral and burial arrangements for your spouse upon their death.

Inheritance Rights

As a married individual, you have the right to share and inherit your spouse’s estate; and receive certain estate and gift tax breaks that pertain to assets that were given or left to you by your spouse.

Survivorship Rights

Your right to receive assets and benefits that accrue to your spouse’s survivors upon his or her death – benefits like life insurance and Social Security benefits — may depend on your legal marital status at the time of death. You cannot legally be your spouse’s survivor if you were not legally married at the time of death. Marriage renders you legally entitled to any survivorship rights that accrue upon the death of your spouse.

Joint Tax Returns

Married individuals can decide how they want to be taxed. They can elect to pay taxes separately or jointly, depending on which method they find most advantageous. By adding up what they would pay separately and comparing it to what they would pay jointly then choosing the lesser amount, spouses may determine whether they could realize a tax benefit that is not afforded to unwed couples.

Spousal Testimonial Privileges

Married individuals are exempt from testifying against their spouses in a criminal proceeding, except when spousal abuse is concerned; and from having to disclose any confidential communication between one spouse and the other.

Tulsa Family Law Attorney: Low-cost Initial Consultation

What we have listed here are but a few of the numerous legal rights and benefits, both federal and state, enjoyed by married couples. For information on specific legal concerns regarding your marital status contact an experienced Oklahoma family law attorney who can the legal consequences of your living arrangement in more detail.

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.

For most Oklahoma spouses, getting a divorce is uncharted territory and they have no idea what to expect. Because even a friendly divorce can quickly become an adversarial process in family court, it is advisable to consult with an experienced divorce attorney who can guide you through the legal process. A family lawyer can address any concerns you have about how the changes in your marital status will affect your family’s well being, financially or otherwise.

Once you have found a divorce attorney who you are comfortable with, there are several things you can do on your own to help your divorce lawyer do their best for you. Here are a few tips on how you can prepare for your first meeting with an Tulsa divorce attorney.

1. Familiarize Yourself with the Process

The first thing you can do to prepare for your first meeting with a divorce attorney is briefly familiarize yourself with the process of divorce in Oklahoma. This will allow you and your family lawyer to communicate better and enable you to better understand as he addresses issues pertaining to your divorce. You can familiarize yourself with Oklahoma divorce law by going over information found on:

• Your attorney’s website
• The websites of organizations devoted to divorce and family issues.
• The local court’s website, which may have step-by-step information on how to file for divorce.
• Other state websites that offer divorce support, answer frequently asked questions and offer legal information pertaining to divorce.

In addition there are many books, pamphlets or other resources distributed by government agencies, legal aid groups and attorneys to provide consumers with basic information about divorce and a general overview of the divorce process.

2. Round up Your Documents

The next thing you should do to prepare for your first meeting is to gather any items or documents that your attorney has requested, or anything that you think may be helpful to your attorney in assessing your case. This may include financial documents such as, bank statements, 401k statements, mortgage documents and your car payment history.

If any lawsuits have been filed on your behalf, or on behalf of your spouse, your attorney will want see the pleadings from that case including any complaints, answers and counterclaims filed, as well as any orders that have been issued by the court since the lawsuit was initiated.

If you have already received a divorce decree or separation agreement and you have issues concerning your custody order or divorce settlement, your attorney will want to see these specific documents as well.

3. Have Your Questions Ready

Prepare any questions you may have for your divorce lawyer in advance. You may for instance inquire about:

• Your attorney’s legal experience
• Legal fee arrangements
• The divorce process and how long it may take
• What you will be expected to do
• How often you will be in contact with your attorney and by what method.

In fact, prepare any questions that you may have regarding how your attorney can assist your divorce and remember to write them down so that you don’t forget them

4. Be Willing to Talk

Last but not least, you should be prepare to tell your story and to discuss, in some detail, the history of your relationship with your spouse. Be truthful, as it is important for your attorney to get a clear and honest picture of your relationship and what you need, require and desire to obtain from your divorce.

Summary

To summarize, finding the right attorney is the first step in getting divorced. Once you have chosen an attorney, you can make the most of your first meeting with a divorce attorney by taking the time to familiarize yourself with the Oklahoma divorce process, gather any documents needed, prepare any important questions you have and by being prepared to talk honestly about your relationship with your spouse.

Low-cost Initial Consultation: Tulsa Divorce Attorneys

For a low-cost consultation to learn how the Divorce of Tulsa Law Office can protect your interests and help preserve your peace of mind, call us today at 918-924-5526.

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.

When parents separate, one of the biggest concerns is who will get custody of their children. If all goes well, the parents will be able to make an arrangement on their own that is the best of their children. When this is not the case, the state, which has jurisdiction over the matter, will make a determination that is in the best interest of the child. This article explains which state has jurisdiction over custody issues when one parents lives in Oklahoma and the other lives in a different state.

Our society has become increasingly more mobile so questions over which state has jurisdiction to rule on custody issues where one parent has relocated to another state have become common. In Oklahoma, the state to have jurisdiction in these cases will be determined by the Uniform Child Custody Jurisdiction and Enforcement Act. According to the UCCJEA, a state may exercise jurisdiction over child custody issues if it passes one of three tests.

The Uniform Child Custody Jurisdiction and Enforcement Act Test

In order of preference, the UCCJEA tests are:

1. Is the state the child’s home state? This means that child has lived in the state for the last six months or would have lived in the state for the last six months, if the parent had not moved the child to a different state. If the move was made simply to establish a home state for custody purposes, that parent may be denied custody on that basis.

2. Does the child have significant relationships in this state with people such as his or her grandparent’s, extended family members, doctors and teachers? If a parent has moves a child to another state simply to establish these relationships for child custody purposes, that parent may be denied custody on that basis.

3. Is the child currently in the state? and:

a. Has he or she been abandoned; or

b. Is he or she in danger of being abused or neglected if sent back to the home state?

4. Has any other state met any of the first three requirements, or has any state that has met one these requirements declined to rule on the issue?

If a state passes at least one of these requirements, it qualifies to exercise jurisdiction over any custody issues that ensue. If more than one state passes at least one of these requirements, the judges of the different qualifying states must confer to determine which state’s courts will exercise jurisdiction the case. Once a decision is made, that state will maintain jurisdiction over all custody issues regarding that child unless:

1. It is determined that child, or the child and his or her parent no longer have a significant connection to the state, or no evidence can be found to make that determination; or
2. It is determined that the child and neither parent no longer reside in that state.

While these rules can be quite confusing, an experienced Tulsa child custody attorney can explain and help you understand how the UCCJEA rules apply to your particular custody issue.

Low-cost Initial Consultation: Tulsa Child Custody Lawyer

For a low-cost consultation about child custody matters in Tulsa Oklahoma or in Tulsa courts, call the Tulsa divorce attorney at Divorce of Tulsa Law Office today. Call us at 918-924-5526.

Even a simple uncontested divorce can take a huge emotional toll on your family’s life. Divorces can last for years and can cost thousands of dollars.  While, there is no legal requirement to be represented by an attorney when filing for divorce in Oklahoma, it may ultimately be in your best interest. This article examines how you can know if you will need an attorney for divorce in Oklahoma.

Do You Need An Attorney?

With a simple uncontested divorce, you may be able to get by without hiring an attorney. However, if you and your spouse aren’t getting along and cannot come to an agreement on things such as who will have custody of kids, who keeps the house or how your marital assets are to be divided, it may be in your best interest to hire a Tulsa family lawyer to protect your interest and maybe the interest of your children. Even if you and your spouse are on good terms, hiring an attorney may be a good idea if your marital estate is sizable and includes a large amount of property and assets. This is especially true if you were not the primary money earner in the relationship or have previously signed a prenuptial agreement.

The Benefits Of Hiring An Attorney

Consulting with a divorce attorney can be to your advantage in a number of different ways:

1. A Tulsa divorce attorney can explain to you the legal rules and procedures for filing for divorce, in particular as they apply to Tulsa District Court.

2. A Tulsa divorce attorney can mediate negotiations between you and your spouse to resolve issues such as child custody, spousal support and property division.

3. A Tulsa divorce attorney can refer you to other professionals you may need, such as:

• An actuary to help value your investments, pensions and retirement benefits
• An accountant to help with the division of your assets, determine spousal support and advise you on the tax consequences of your divorce settlement.
• An appraiser to determine the market value of your familial home.

So, whether or not you need to an attorney to file for divorce will depend on how the size of your marital estate and how complex your divorce is. You can always hire an attorney to handle only specific parts of your divorce or to advise you on particularly sticky areas of the divorce such as child custody, child support and alimony. On the hand, hiring an experienced Tulsa divorce attorney to fully handle your divorce can save you lots of time, stress and money.

Low-cost Initial Consultation: Tulsa Family 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 family 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.

Not all troubled marriages end in divorce. If a married couple is having trouble but believes that the marriage can be saved or if the parties desire to stay married for religious, insurance, health or other reasons, they may petition the court for a legal separation. The following is a brief explanation of the differences between a legal separation and a divorce.

A legal separation is court ruling that the conditions or circumstances of a marriage make it intolerable for the parties to live together, but the marriage should not be dissolved. A legal separation and a divorce are fundamentally the same thing except that with a legal separation, you do not dissolve your marriage and thus will not be able to re-marry. These are extremely important distinctions.

For the most part, filing for a legal separation has the same requirements as filing for a divorce, which will require a equitable division of assets, division of debts, a parenting plan for the children, child support if appropriate and, in some cases, alimony. In addition, a legal separation may be granted on the same grounds as a divorce, which are as follows:

• Incompatibility.
• Abandonment for one year.
• Adultery.
• Impotency.
• If the wife gets pregnant by a man other than her husband, while she is married.
• Extreme cruelty.
• Fraudulent contract.
• Habitual drunkenness.
• Gross neglect of duty.
• Imprisonment.
• Insanity for a period of five years.

With a legal separation however, the parties are not bound by residency and waiting period requirements. A legal separation may be granted the same day that the petition was filed. However, unlike a divorce, a legal separation is not a final order and can be modified, altered or changed by the court at anytime during the separation. Furthermore, during legal separation either party can file for divorce if he or she believes that their difference are irreconcilable.

Legal Separation is One Step Short of Divorce

So the main difference between a legal separation and a divorce is that a legal separation allows you to live separately but stay legally married. You get all of the benefits and headaches of a divorce without dissolving your marriage. This can allow you and your spouse the time and space to try and resolve your differences and decide if a divorce is in your best interest or not.  An attorney knowledgeable in family law should be able and willing to advise of the other requirements and any benefits of a legal separation.

Tulsa Family Law Attorney: Low-cost Initial Consultation

We know it’s not always easy to find an family law attorney who understands your particular need. Because we want to earn your trust before you invest your resources in someone who will represent you in court, we offer private initial consultations. To find out how the Divorce of Tulsa Law Office can assist in your Tulsa family law matter, call us today at (918) 924-5526.

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.