Oklahoma divorce information

 

Navigating an Oklahoma Divorce

Managing the complexities of divorce in Oklahoma entails understanding the legal framework and following specific procedures outlined by the state’s laws. Even amicable divorces can have unexpected complications. It can help to understand what you will be facing. Here’s a comprehensive guide to Oklahoma divorce laws and procedures to help you through the process. Be sure and consult with an experienced Tulsa divorce attorney who you trust to guide you with knowledge of the law and an understanding of your needs and goals.

Initiating the Divorce Process

The first step in Oklahoma divorce law is initiating the process by preparing, filing, and serving a Petition for Dissolution of Marriage. This document must be filed in the county where you and your spouse reside. It must include the legal grounds for divorce, which can be categorized as fault (e.g., adultery) or no-fault (e.g., incompatibility).

Serving Divorce Papers

Divorce papers filed by the petitioner must be served upon the other spouse, now referred to as the respondent. This is typically done by a professional process server, who personally delivers the documents. In cases where personal service is not possible, service by publication in a local newspaper may be pursued.

Responding to the Petition

Responding to a divorce petition is crucial. . The worst thing a responding spouse can do is nothing. Your spouse will have made certain requests of the court in the original filed petition. If you do nothing, the court may grant your spouse all that they request in the petition.

A responding spouse can file an answer, which addresses each allegation made in the petition, or an answer and a counterclaim, which introduces new issues and allegations against the other spouse. Failing to respond may result in the court granting the petitioner’s requests by default.

Automatic Temporary Injunction

The filing and service of a divorce petition trigger an automatic temporary injunction issued by the court. This injunction covers various aspects, including asset management, child custody, support, and expenses. Its purpose is to maintain the status quo until final orders are issued.

Waiting Periods and Quick Divorce

Oklahoma allows for expedited divorce proceedings, with a potential divorce decree obtainable in as little as 10 days after filing, provided there are no children involved, and both spouses agree on all terms. However, couples with children or those unable to reach agreements may face longer waiting periods. Okla. Stat. tit. 43 § 107.1 This time is intended to give spouses with children a “time out” to see if they can work their differences out short of divorce.

Temporary Orders

Temporary orders address urgent issues until they can be resolved through hearings or settlement. Okla. Stat. tit. 43 § 110. They may cover matters like residence, vehicle use, child custody, support, and visitation. They may also cover financial issues, preventing an angry spouse from taking or disposing of assets. It freezes all marital assets other than regular day-to-day expenditures and prevents either party hiding, selling, destroying, damaging, or using any marital property, retirement accounts, or insurance policies without the written consent of the other party or an order from the court.

Protective Orders

Protective orders, also known as restraining orders, are issued to prevent potential harm or restrain harmful behavior. While they can offer protection, they may also complicate divorce proceedings. Restraining orders can also be wrongly used as a tool to gain leverage in a divorce, complicating the coordination of parental duties for both spouses.

Hearings

Hearings are court proceedings where matters such as custody, support, and temporary orders are presented and decided upon. They vary in formality and focus depending on the judge and case specifics. Matters often set for hearing include child custody and support, parenting plan conferences, temporary orders, and scheduling and settlement hearings in contested divorces.

Parenting Plans

Parents seeking joint or shared custody must submit a parenting plan outlining various aspects, including living arrangements, healthcare, support, insurance, and visitation. The court reviews the plan, ensuring it aligns with the child’s best interests.

Child Custody and Support Determination

Courts decide issues of custody, support, and visitation based on the child’s best interests. Custody can be joint or sole, and support is determined according to statutory guidelines.

Custody can be sole or joint and is divided into two areas: physical and legal. Physical custody pertains to where the child lives. In joint custody, the child resides part of the time with one parent and part of the time with the other parent. In sole custody, the children live with one parent (custodial parent) and the other parent (non-custodial parent) retains visitation rights. Legal custody refers to the question of which parent makes the major decisions regarding the children.

Courts award custody in a way which assures frequent and continuing contact of the child with both parents.

Discovery Process

Discovery allows parties to gather important information from each other regarding relevant matters such as assets, using various legal tools like interrogatories, requests for production, depositions, and requests for admissions. This information is necessary to resolve all issues involved in the divorce.

Settlement Negotiations and Mediation

Settlement negotiations and mediation help resolve contested issues outside of court, offering spouses more control over the outcome. Matters that cannot be resolved by the parties will be resolved by the judge either in a hearing or in a trial.

Divorce Trial

In cases where settlement negotiations fail, unresolved issues are decided at trial. Before the trial, the judge will identify all matters that are still outstanding determine what evidence will be admissible and what evidence will be excluded, and choose the format to conduct the trial. Trials involve presenting evidence and arguments before a judge, who then issues rulings on outstanding matters. A trial can last several days and can be quite expensive. Your attorney will need to prepare trial briefs, evidence, and interview and subpoena witnesses.

Divorce Decree

Once all matters are settled, a divorce decree is issued, finalizing the divorce and outlining the terms and conditions of the settlement. This becomes an enforceable court order so it is important that you understand and adhere to its terms.

Navigating the divorce process in Oklahoma requires careful adherence to the state’s laws and procedures, making legal assistance essential to ensure the best possible outcome.

Initial Consultation with a Tulsa Divorce Lawyer

Divorce is difficult. It can help to understand what you will be facing. A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a low-cost confidential consultation, call now: 918-924-5526.

Managing a High-Conflict Divorce is Important

A high-conflict divorce or custody proceeding typically refers to a legal dispute between parties characterized by intense hostility, animosity, and ongoing conflict. These cases often involve repeated disagreements, contentious interactions, and difficulty reaching agreements on key issues such as child custody, visitation, support, and division of assets.

The parties involved in a high-conflict divorce or custody case often experience intense emotions such as anger, resentment, fear, and mistrust. These emotions can fuel ongoing disputes and make it challenging to reach amicable resolutions. These cases are very stressful for the parties involved, especially for the children.

This guide is meant to provide you with tools to help take the temperature down enough for meaningful resolution to occur while protecting all parties involved, especially children.

Identifying High-Conflict Cases

Identifying high-conflict divorce and custody cases requires recognizing certain signs and patterns of behavior exhibited by the parties involved. Here are some common indicators that may suggest a high-conflict situation.

The parties in these cases tend to engage in frequent court filings, motions, and legal actions, often over relatively minor issues. They are unable to cooperate or compromise. This can be particularly damaging when children are involved. Resolution of even trivial matters is often impossible without involving the court. Communication between the parties is often characterized by hostility, aggression, and verbal attacks. This may include insults, threats, and accusations.

The parties may try to interfere or undermine the relationship between the children and the other parent through manipulation, disparagement, or alienating behaviors. Children may be used as pawns in the conflict, to gain advantage in legal proceedings or as a means of punishing the other parent. There may be safety concerns due to alcohol, drugs,  anger management issues, or neglect. These children may exhibit signs of stress, anxiety, or emotional distress.

Identifying these signs early on can help attorneys, mediators, and other professionals intervene effectively and develop strategies to manage and de-escalate conflict in high-conflict divorce and custody cases. It’s essential to approach these cases with sensitivity, empathy, and a commitment to promoting the best interests of the children involved.

Legal Framework in Oklahoma for High-Conflict Cases

Oklahoma law does not specifically define “high-conflict family law cases.” However, the state’s statutes and legal framework address various aspects of divorce, child custody, and family law proceedings that may be applicable in high-conflict situations.

Oklahoma courts can take extra steps to ensure the best interests of the child in high-conflict cases.  Courts consider factors such as the child’s emotional and physical well-being, the relationship with each parent, and any history of domestic violence or abuse. This can mean changes in custody and visitation orders to protect the children involved.

Oklahoma law also provides protections for victims of domestic violence, including protective orders or restraining orders against abusive partners. Courts may consider allegations of domestic violence or abuse when making custody and visitation decisions.

Some Oklahoma courts offer parenting coordination services for high-conflict cases. Parenting coordinators work with parents to develop and implement parenting plans, facilitate communication, and resolve disputes outside of court. This coupled with mediation and alternative dispute resolution services can help couples resolve disputes.

While Oklahoma law provides mechanisms for addressing high-conflict family law cases, parties involved in such cases should seek guidance from experienced family law attorneys who can provide personalized advice and advocacy based on the specific circumstances of their case.

Steps You Can Take

If you are involved in a high-conflict case, it is important to have a Tulsa divorce lawyer on your side and to communicate effectively with your attorney. Many family law attorneys have expertise in handling high-conflict cases. They can provide legal advice, advocate on your behalf, and help you understand your rights and options under Oklahoma law.

Focus on Communication: Despite the conflict, strive to maintain open and respectful communication  whenever possible. Clear and constructive communication can help prevent misunderstandings, reduce tension, and facilitate the resolution of disputes.

Set Boundaries: Establish clear boundaries to protect yourself and your children from unnecessary conflict and stress. This may involve limiting communication to written correspondence or using third-party communication platforms, such as co-parenting apps or mediators, to facilitate discussions.

Prioritize Children’s Best Interests: Keep the best interests of your children at the forefront of all decisions and actions. Focus on creating a stable and nurturing environment for your children. Avoid involving them in adult conflicts or using them as pawns. Seek out professionals to help your children at this time. Supervised visitation may be considered as necessary in order to maintain contact between children and parents.

Document Everything: Keep records of all communication, interactions, and incidents related to the divorce or custody case. Documenting conversations, emails, text messages, and other forms of communication can provide valuable evidence and protect your interests in legal proceedings.

Consider Alternative Dispute Resolution: Explore alternative dispute resolution methods, such as mediation or collaborative divorce, as alternatives to litigation. These approaches can help parties work together to reach mutually acceptable agreements and avoid the time, expense, and adversarial nature of court proceedings.

Manage Emotions: Acknowledge and manage your own emotions, as well as those of the other party. High-conflict situations can be emotionally taxing, but maintaining composure and focusing on rational decision-making can help de-escalate conflicts and promote constructive resolutions.

Follow Court Orders: Adhere to court orders and agreements reached through negotiation or mediation. Compliance with court orders demonstrates your commitment to co-parenting and can help build trust and credibility with the court.

Seek Support: Surround yourself with a strong support network of friends, family members, therapists, and other professionals who can offer emotional support and practical assistance during this challenging time. Remember that your children may need emotional support as well. Parenting coordinators can provide a much needed buffer between you and your ex.

Stay Informed: Stay informed about your rights, responsibilities, and legal options throughout the divorce or custody process. Knowledge empowers you to make informed decisions and advocate effectively for your interests.

Some courts offer parenting classes as a mechanism to help inform parents about high-conflict cases and how best to manage them. These classes can help motivate and inform both parents.

Navigating a high-conflict divorce or custody case in Oklahoma can be challenging, but with the right strategies and support, you can minimize stress, protect your interests, and work towards a resolution that serves the best interests of you and your children.

Initial Consultation with a Tulsa Divorce Lawyer

Divorce is hard enough, make sure that you have an attorney on your side who can help make the process easier.

A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a low-cost confidential consultation, call now: 918-924-5526.

Social Media: Impacts on Family Law Cases

Like it or not, social media is pervasive. We post about our successes, our failures, where we eat lunch and with whom, and everything in between.  More and more, courts are open to evidence of these postings that may affect the major issues that arise in family law cases in Oklahoma. The purpose of this article is to help you understand how social media can help or hurt your case once posts are up, and to encourage you to think about how your future social media posts could affect your family law case. Consulting with a qualified Tulsa divorce attorney before posting can save you grief later.

Social Media Evidence in Family Law

From Facebook, to Snapchat, to LinkedIn, to dating apps, we post about what is going on in our lives. These posts, direct messages, photos, videos, and even the posts we “like” and “dislike” are grist for the mill if they are relevant to family law matters. These matters include custody, visitation, support, and property division. In addition, social media can be mined for  location check-ins and tags when location is at issue. This could be relevant for example if a parent misses a visitation and then lies about the reason why. The court frowns on a parent who says they were in a business meeting, while a location tag places them in Belize for example.

Legal Standards For Admissibility of Social Media Evidence

Oklahoma courts generally apply existing rules of evidence and case law to determine the admissibility of social media evidence. Here are some general considerations and legal standards for the admission of social media evidence in Oklahoma.

Social media evidence must be relevant to the issues in the case to be admissible. This means that the evidence must have a tendency to make a fact more or less probable than it would be without the evidence. For example, social media posts related to parenting behavior may be relevant in a child custody case.

Courts require that evidence be authentic, meaning that it accurately represents what it purports to depict. The party seeking to introduce social media evidence must show that the content is what it claims to be and that it has not been altered or manipulated, meaning that the evidence is reliable. This may involve providing testimony from a witness who can authenticate the evidence or using metadata to verify its origin.

Social media evidence may be excluded from a proceeding as hearsay. Hearsay are out-of-court statements offered to prove the truth of the matter asserted. There are exceptions to the hearsay rule, such as statements offered against a party that is inconsistent with the party’s own statement or statements by a party-opponent.

Social media evidence tends to impinge on privacy rights. Courts will balance the value of that evidence against those rights. While social media users may have a reasonable expectation of privacy in their online communications and content, they may waive this expectation by sharing information publicly or with a limited audience.

The Impact on Divorce Proceedings

This type of evidence can affect all types of issues in an Oklahoma divorce, including:

Asset Division: Social media posts, photos, and messages can provide evidence of a party’s assets, income, and financial transactions. Evidence of lavish spending, valuable possessions, or undisclosed sources of income may impact the division of marital property and assets. This evidence can also be useful when a spouse is hiding assets from the court.

Alimony and Spousal Support: Social media evidence may be relevant in determining spousal support or alimony payments. Posts or photos depicting a party’s lifestyle, employment status, or financial resources may influence the amount and duration of spousal support awarded by the court.

Child Custody: Social media activity can be a factor in child custody determinations. Posts or messages that reflect a party’s parenting skills, involvement with the children, or behavior that may be detrimental to the children’s well-being could impact custody arrangements.

Parenting Fitness: Social media evidence may be used to assess a party’s fitness as a parent. Posts or photos showing irresponsible behavior, substance abuse, or involvement in criminal activity could affect custody and visitation rights.

Adultery and Marital Misconduct: Evidence of infidelity or marital misconduct obtained from social media may be relevant in fault-based divorce proceedings in Oklahoma. Adultery or inappropriate relationships documented on social media may impact issues such as property division, alimony, and custody.

Communication and Conflict: Social media posts or messages may provide evidence of communication between spouses and their interactions during the divorce process. Evidence of harassment, threats, or attempts to intimidate the other party could impact court decisions regarding restraining orders or protective orders.

Best Practices for Managing Social Media

It is always best to think before posting or interacting with other posts online. This is particularly true if you involved in any legal proceedings. Always check your privacy settings to limit any potential range that a post may have. If you have questions about how a potential post could affect your case, consult with an Oklahoma divorce attorney. Your attorney can give you the information you need to limit exposure and risk during this sensitive time.

Initial Consultation with a Tulsa Divorce Lawyer

Divorce is hard enough, make sure that you have an attorney on your side who can help make the process easier.

A no-cost initial consultation can help determine whether Divorce of Tulsa Law Office can provide the best Tulsa divorce lawyer for your family law matter. For a low-cost confidential consultation, call now: 918-924-5526.

 

Getting a Legal Separation is Much Like Getting a Divorce in Oklahoma

In Oklahoma, a legal separation is handled in much the same way as a divorce. Both require the formal filing of a petition and response in family law court. Both require the resolution of issues between the couple and a final order from the court. There are some differences though. A couple may need or want to stay legally married for various reasons, be they religious, or financial, or other reasons, while still untangling their lives together.

If you are considering a legal separation, you should be aware of not only the process involved, but also what a legal separation is and how it functions in Oklahoma. Be sure and consult with a Tulsa family law attorney to determine what is right for you and your circumstances.

Legal Separation: Its Purpose and Process

In a legal separation, a petition is filed requesting legal separation as opposed to the dissolution of marriage. The petition is then served upon the other spouse who is required to file a responding pleading. Then a temporary hearing is held in which the court issues temporary orders, including child custody and visitation and financial orders.

The couple must still come to long-term agreement regarding separation of property, support and custody matters. Once the court orders the legal separation, the parties, though still married, are able to move on separately. Their financial lives are untangled and one party cannot be held liable for the debts incurred by the other.

Subsequently, if reconciliation occurs, the case can be dismissed. Alternatively, if reconciliation is unattainable, the separation can be converted into a divorce if the parties choose to do so. The primary aim of legal separation is to afford couples time to reconcile before reaching a permanent resolution. Requirements mirror those of divorce filings, necessitating six months’ residency in Oklahoma and 30 days’ residency in the filing county. Asset division and determinations regarding custody and visitation are addressed in separation orders. Notably, the key distinction lies in the temporary nature of separation.

How Divorce is Different

Unlike legal separation, divorce is irrevocable. The decree legally renders the parties as single individuals. Similar residency prerequisites apply. Oklahoma allows both “fault” and “no-fault” grounds for divorce, with asset division based on equitable distribution, emphasizing fairness over strict equality.

Alimony may be requested in both processes, contingent on genuine need and the supporting spouse’s financial capacity. Child support orders are also standard in both divorce and legal separation proceedings. Child custody and support are often the most contentious part of both proceedings. Courts determine who has custody during a legal separation in Oklahoma.

Remarriage and Consultation with a Divorce Attorney

Legal separation does not terminate marriage. You may not remarry until and unless you obtain a divorce decree. Following divorce, a six-month waiting period is mandated for remarriage, with violations constituting felony adultery.

For guidance on selecting between legal separation and divorce, consulting a Tulsa divorce attorney is recommended. An attorney can provide insights into pertinent relationship issues and advise on the most suitable process.

Initial Consultation With an Experienced Tulsa Legal Separation Attorney

Navigating the Oklahoma divorce process necessitates careful consideration of individual circumstances and legal options. Seeking professional guidance can offer clarity and ensure informed decisions are made. For a confidential consultation, individuals can reach out to experienced Tulsa divorce attorneys at 918-924-5526.

LGBTQ+ Rights in a Changing Society

Nationwide, same-sex couples have had a rocky road in gaining the same legal rights as heterosexual couples. Oklahoma officially recognized same-sex marriage following the landmark Supreme Court decision in Obergefell v. Hodges in 2015.

Prior to the Obergefell decision, Oklahoma had a tumultuous legal history regarding same-sex marriage. In 2004, Oklahoma voters approved an amendment to the state constitution defining marriage as the union between one man and one woman. This amendment, known as State Question 711, was challenged in federal court, leading to a series of legal battles over the years.

In 2014, a federal district court in Oklahoma struck down the state’s ban on same-sex marriage as unconstitutional. However, the ruling was stayed pending appeal. Then, in October 2014, the U.S. Supreme Court declined to hear an appeal of the decision, effectively allowing the district court’s ruling to stand. This decision paved the way for same-sex marriages to begin in Oklahoma later that month.

Ultimately, the Obergefell v. Hodges decision in 2015 provided a definitive resolution to the issue of same-sex marriage legality across all states, including Oklahoma. As a result, same-sex couples in Oklahoma gained the legal right to marry and access the same marriage benefits and protections as opposite-sex couples. Consult with an experienced Tulsa same-sex family law attorney to understand how these right affect you.

Marriage Laws for Same-Sex Couples in Oklahoma

Same sex couples in Oklahoma have the legal right to marry. This includes all the rights and responsibilities associated with marriage under state law, such as property rights, inheritance rights, and the right to make medical decisions for one another. Oklahoma recognizes legal marriages performed in other states, including same-sex marriages. This recognition extends to rights and benefits associated with marriage, such as spousal health insurance coverage and the ability to file joint state tax returns.

It also extends tax and other liabilities to same sex spouses. Same sex couples are liable for all debts incurred during marriage by either partner including all loans, credit card debt, legal judgments, and tax debts. This also means that both spouses in a same sex marriage share in the marital property acquired during the marriage.

Same-sex couples in Oklahoma have the right to jointly adopt children. Additionally, if one partner in a same-sex couple gives birth to a child through assisted reproductive technology, both partners can be listed as parents on the birth certificate, ensuring legal parental rights for both parents.

Divorce and Legal Separation for Same Sex Couples in Oklahoma

Same-sex couples in Oklahoma go through divorce and legal separation proceedings in much the same way as heterosexual couples. Once you are legally married, you must be legally divorced to end the marriage or legally separated to end your legal and financial obligations arising from the marriage.

Divorce and legal separation proceedings are begun by filing a petition in the appropriate family law court. Oklahoma allows both “no-fault”(irreconcilable differences)  and “fault” (adultery, etc) grounds for divorce.  Marital property and marital debts must be divided between the spouses during the proceedings. Oklahoma follows the principle of equitable distribution when dividing marital property during divorce. Marital assets and debts are divided fairly, but not necessarily equally, taking into account factors such as each spouse’s financial contributions, earning capacity, and duration of the marriage. Same-sex spouses may receive spousal support from their former partner if they can demonstrate financial need and other relevant factors.

Same-sex couples with children go through the same processes as opposite-sex couples when determining child custody and support arrangements. Courts prioritize the best interests of the child when making custody decisions, and child support is calculated based on the income of both parents. Both parents are legally obligated to support their children.

Divorce and legal separation decrees obtained by same-sex couples in Oklahoma are legally recognized and enforceable, just like those obtained by opposite-sex couples.

Estate Planning and Inheritance

The right for one spouse to inherit from another is one of the rights tied into marriage equality for same sex couples. Marriage confers that right. For same sex couples who are not married, it is crucial to have estate planning documents in place. Without a legal marriage, same-sex partners may not automatically inherit from each other without a will. Same sex couples who are legally married can create wills and trusts to distribute their assets upon death.

Same-sex spouses can also name each other as beneficiaries on life insurance policies, retirement accounts, and other financial assets. They can also designate each other as beneficiaries on bank accounts, real estate deeds, and other assets. They can grant each other power of attorney to make financial and healthcare decisions on their behalf in the event of incapacity. They can also execute health care directives. This ensures that partners have the legal authority to act on each other’s behalf in emergencies.

Legal Challenges and Advocacy

Same-sex couples may face various legal challenges, despite advancements in LGBTQ+ rights and recognition. Discrimination exists in every state, including Oklahoma.  Same sex couples remain vulnerable to discrimination on a number of fronts.

Same-sex couples may encounter difficulties in establishing legal parentage and custody rights, especially if they have children through assisted reproductive technology or adoption. Without proper legal documentation, same-sex partners may face challenges in making healthcare decisions for each other in the event of incapacity. This includes issues related to medical treatment, hospital visitation rights, and end-of-life care. It is important for couples to keep their estate planning documents up to date.

Other areas of discrimination include housing and employment discrimination, access benefits such as healthcare and survivor benefits. It is important that same sex couples continue to advocate for themselves and to employ the tools needed for protecting their rights and their loved ones.

Initial Consultation With an Experienced Attorney

Consulting with an experienced attorney who is knowledgeable about LGBTQ+ issues can help same-sex couples work through the complexities of the issues they face in Oklahoma. For a confidential consultation, individuals can reach out to experienced Tulsa divorce attorneys at 918-924-5526.