Oklahoma divorce information

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.

In Oklahoma, a child custody order sometimes can be modified, whether both parents agree to the modification or not. This article explains how you can modify your custody order in Oklahoma.

In order to modify your custody order in Oklahoma, a “Motion to Modify Custody Order” must be filed, typically with the same court from which the custody order was issued. In this motion, you must present the reason you believe the modification should be granted. The court may only modify a custody order if there is a permanent and material change in the circumstances of your case. In other words, the court will not consider modifying a custody order based on minor changes, such as a small increase or decrease in income.

A material change in circumstance is a rather broad term, so it’s the courts responsibility to decide whether the change in circumstance constitutes something significant enough to warrant a modification of your final custody order or not. In all cases, the changes must be permanent, material and substantial enough to affect the best interests of the child.

After you have filed the Motion to Modify, a hearing will be set to where both parties can provide evidence and make arguments. This is your opportunity to convince the court that there are significant changes circumstances that warrant a modification of your custody order. This may include anything from interference with visitation rights, drug or alcohol abuse, sexual immorality or sexual abuse, or if the custodial parent moves to another state. In some cases, if the child is old enough, his or her desire to change custody will be sufficient.

For a “Sole Custody Order” to be modified, the court will look for evidence that demonstrates a change in custody, for example from on parent to the other, will be in the best interest of the child. To modify a “Joint custody Order”, either parent must demonstrate that, under the circumstance, he or she and the other parent are unable to work together in the best interest of the child and that sole custody will be a better solution.

If the court finds that there are sufficient grounds for a modification, a modification will be granted. It is recommended however that before going to court, you talk to an experienced divorce attorney about what’s going on and see if the attorney believes that you have sufficient ground to request a modification in your custody order. You don’t want to ignore major changes, but neither do you want to run to court every time there is some minor issue.

Low-cost Initial Consultation: Tulsa Child Custody Modification Attorney

To find out more about how to modify child custody in Oklahoma, contact the family law attorney in Tulsa at Divorce Law Office of Tulsa: 918-924-5526. We offer low-cost, no obligation consultations. If you prefer you may send your question using the “Ask the Lawyer” form on the right side of this page.

Relocation is often an extremely contentious issue as it relates to child custody. Whether or not a custodial parent can move to another state with the children is a question that is frequently asked by the non-custodial parent. This article describes what you can do if you have been notified that your ex-spouse is planning to move to another state with your children.

If your ex-wife is planning to move more than 75 miles away from her primary residence with your children, she must first provide you with a notice of relocation, which must include:

1. the intended new address, including the specific address, if known;
2. the new mailing address, if not the same;
3. the home telephone number, if known;
4. the date of the intended move or proposed relocation;
5. a brief statement of the specific reasons for the proposed relocation of the child, if applicable; and
6. a proposal for a revised visitation schedule with the children

The notice of relocation must be given to you at least 60 days prior to the move. If your ex-spouse moves without giving you notice, the court may order her to return the children.

If you receive a notice of relocation and wish to file a formal objection, you should do so as soon as possible. If you object too late, your ex-spouse may be allowed to move despite your disapproval. In fact, you have only 30 days from the date you receive notification to obtain a temporary or permanent order preventing the move.

You will then enjoy the right to have the court decide if the proposed relocation is being made in good faith or if it is merely an attempt to deprive you of your visitation rights. Whether or not your ex-spouse gave notice in time will be a major factor in the courts decision. Other factors can include whether or not the move is in the best interest of the child, the child’s relationship with each parent, the support network (or lack thereof) at the proposed destination and the overall affect the move will have on the child’s relationship with the non-relocating parent.

If the court finds that all legal requirements have been met and that the move does not threaten the welfare of the child, you ex-spouse will be allowed to relocate with the children. However, your divorce decree, including all of the rights and obligations it specifies, will remain enforceable under Article IV f the U.S. Constitution (the full Faith and Credit clause), which requires each state to uphold the “public acts, records, and judicial proceedings of every other state.”

Call Now for a Initial Consultation

If you are worried about your ex-spouse moving to another state with your children an experienced Tulsa divorce attorney can assist you. For a low-cost consultation about child custody matters in Tulsa Oklahoma or in Tulsa courts, call Divorce of Tulsa Law Office today. Call us at 918-924-5526 to speak with an attorney who has experience dealing with this matter.

How long a divorce takes in Oklahoma depends on the particular circumstance of the divorce. Every divorce is different. Your personal history, background, financial situation, family circumstances and other details can effect how long your divorce will take. This article describes the main factors that will determine how long it takes to get a divorce in Oklahoma.

Divorce With or Without Children

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

If children are involved, the state is required to wait 90 days from the date that the divorce petition was filed before it can issue a final divorce order. The purpose of this 90-day waiting period is to allow you to attend marriage and family counseling to see if there is away 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 that after counseling, it is still unlikely that you will ever resolve your difference.

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 charge, state or federal
5. The procurement of a final divorce decree without this 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 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

The length of your divorce proceedings will also depend on whether or not you and your spouse can agree on the terms of the divorce. If there is not an accord, you will need to negotiate an agreement or have the court do it for you, which can add significant time beyond the 30-day waiting period. This is usually the case where there is a significant amount assets to be distributed and/or child custody, child support and alimony to be determined.

How Long Does Divorce Take? It Depends…

Going through a divorce can be very stressful for all concerned and you will of course want to get it over and done in the shortest amount of time. How long the divorce process will take you in Oklahoma, mainly depends on whether or not children or involved and whether or not you and your spouse can agree to the terms of you divorce.

Call Now for a Low-cost Initial Consultation: Tulsa Divorce Attorney

For a low-cost consultation 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.

People get married for a variety of reasons including romance, finances or inheritance rights. Traditionally, this means getting a marriage license and have a ceremony before a judge, justice of the peace or clergyman. In Oklahoma however, it is not necessary for you to go the traditional route in order to enjoy the benefits of a legal marriage. The rest of this article discusses the requirements for a common law marriage in Oklahoma.

Some couples choose to forego tradition and simply begin to live together. For these couples, common law marriage offers a way to be considered legally married without having to obtain a marriage license and have a ceremony. Oklahoma is one of a several states that recognize common law marriages. By simply living together for a specified length of time and under specified conditions you may enjoy the benefits of a legal marriage, for example inheritance right and division of property rights.

The requirements for an common law marriage in Oklahoma are as follows:

• You must present yourselves to the public as a married couple.

• You must be legally eligible for marriage, meaning that you must be old enough to marry legally and not already married

• You must mutually and actually intend to be married

• You must live together as man and wife for a specified length of time, typically long enough to demonstrate that a relationship akin to a marriage exists

The above requirements must be demonstrated in a clear and convincing manner or your relationship will fail to qualify as a common law marriage in the state of Oklahoma. You may demonstrate these requirements, for example, in the following ways:

• Filing joint tax returns

• Using the same last name

• Joint ownership of assets or debt

• The testimony of others

• Listing each other as beneficiaries of life insurance policies

If you have questions regarding the status of your living arrangement and whether or not you meet the qualifications for a common law marriage in the state of Oklahoma, an experienced Tulsa family law attorney can look at the circumstance of your relationship and ascertain if indeed you meet the requirements listed above.

Tulsa Family Law Attorney: Low-cost Initial Consultation

For a low-cost confidential consultation about your family law matter, call Divorce of Tulsa Law Office today at 918-924-5526. Alternately, send a 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.