Oklahoma divorce information

Understanding Oklahoma’s Waiting Period for Remarriage

Divorce is a significant life event, and for many individuals, it marks the end of one chapter and the potential beginning of another. For those considering remarriage after their divorce in Oklahoma, there are specific legal considerations and waiting periods that must be understood.

After a divorce is finalized, there is a mandatory waiting period in Oklahoma before either party can remarry. This waiting period is in place to allow time for any potential appeals or legal proceedings related to the divorce to take place. In Oklahoma, the waiting period is 6 months from the date the divorce decree is issued by the court. It is crucial to adhere to this waiting period to ensure that the subsequent marriage is legally valid.

Obtaining a Waiver for the Waiting Period

Under certain circumstances, it is possible to obtain a waiver for the waiting period in Oklahoma from a district court judge. However, these waivers are not granted easily and require compelling reasons. Valid reasons for seeking a waiver may include urgent travel plans, health-related concerns, or other extenuating circumstances. It is essential to consult with an experienced Tulsa divorce attorney to assess whether your situation qualifies for a waiver and to guide you through the waiver application process.

Before contemplating remarriage, it is essential to resolve any outstanding financial and property matters resulting from the divorce. Alimony, also known as spousal support, and property division issues must be settled according to the terms of the divorce decree. Entering into a new marriage without addressing these matters can lead to legal complications and jeopardize the rights of both parties. Seeking legal counsel from a qualified divorce attorney can help ensure that all financial and property-related matters are adequately addressed before moving forward.

Considering Prenuptial Agreements for Remarriage

For individuals who have experienced divorce in the past, the idea of remarrying might bring concerns about protecting personal assets and interests. In such cases, a prenuptial agreement can be a valuable tool. A prenuptial agreement in Oklahoma is a legally binding contract between prospective spouses that outlines how assets, debts, and other financial matters will be handled in the event of divorce or death. Discussing the possibility of a prenuptial agreement with your partner and seeking advice from a knowledgeable divorce attorney can help safeguard your interests and create a solid foundation for the future.

Call Now for a Low-cost Consultation

Navigating the complexities of remarriage after divorce requires careful consideration of legal implications and personal circumstances. If you or someone you know is contemplating remarriage in Oklahoma, it is advisable to seek guidance from a seasoned Tulsa attorney. At Divorce of Tulsa Law Office, an experienced legal team is ready to assist you with any questions or concerns you may have. Call 918-924-5526 for a low-cost consultation and personalized advice tailored to your unique situation. Remember, informed decisions pave the way for a successful and fulfilling future.

The Significance of Paternity Acknowledgment

In Oklahoma, as in many other states, establishing paternity is a crucial step in securing both parents’ rights and responsibilities, regardless of their marital status. Paternity acknowledgment plays a significant role in ensuring that unmarried parents have equal legal standing when it comes to issues such as child custody, visitation, and child support.

Paternity acknowledgment is the legal process through which a child’s biological father is officially recognized as the legal parent. While this may seem straightforward for married couples, it’s equally crucial for unmarried couples, as it grants unmarried fathers certain rights and responsibilities concerning their child.

Equalizing Parental Rights

Paternity acknowledgment ensures that unmarried fathers have the same rights as mothers when it comes to their child. These rights include the ability to seek custody or visitation, make decisions regarding the child’s upbringing, and be involved in their child’s life.

Acknowledging paternity also establishes the father’s financial responsibilities, including child support obligations. This means that both parents are equally responsible for financially supporting their child, ensuring that the child’s needs are met.

Paternity acknowledgment allows the child to access various benefits, such as health insurance, social security, and inheritance rights from both parents. It provides the child with legal proof of their parentage, which can be essential in various situations.

How to Establish Paternity in Oklahoma

Oklahoma offers multiple avenues for establishing paternity, ensuring accessibility and fairness for unmarried parents:

• Voluntary Acknowledgment of Paternity (VAP): The Voluntary Acknowledgment of Paternity is a form that both parents sign to legally recognize the child’s father. This form can be signed at the hospital after the child’s birth or at a later date, typically through the Oklahoma Department of Human Services (OKDHS). It’s a simple and effective way to establish paternity.
• Genetic Testing: In cases where there is uncertainty or disagreement about paternity, genetic testing may be ordered by the court. The results of the test can confirm or refute paternity claims.
• Court Order: If voluntary acknowledgment or genetic testing doesn’t suffice, a court order may be necessary to establish paternity. This typically occurs through a legal proceeding initiated by either parent.

Call Today for a Low-cost Consultation

Navigating paternity acknowledgment and related legal issues can be complex, especially if disputes arise. Seeking legal guidance is advisable to ensure that your rights and responsibilities are protected. An experienced Tulsa family law attorney can provide valuable support in establishing paternity, addressing custody and visitation matters, and resolving child support disputes.

At the Tulsa Divorce Law Office, our dedicated family law attorneys have extensive experience in paternity cases and can assist you in securing your rights as an unmarried parent in Oklahoma. If you have questions or need legal assistance regarding paternity acknowledgment, please don’t hesitate to reach out to us at 918-924-5526 for a consultation. We’re here to help you navigate the legal intricacies and ensure that your child’s best interests are met.

Never Mind the House, Who Gets the Dog?

Pets are often considered members of the family, and their well-being is a concern for many people going through a divorce. However, Oklahoma legally considers pets as personal property, like cars or furniture, and their custody is determined by the courts in a similar way. This article will provide an overview of the role of pets in Oklahoma divorce cases and the process for determining their custody.

Pets as Property

In Oklahoma, pets are considered personal property and are not subject to the same laws as child custody. This means that the court will not consider the best interests of the pet when determining its custody. Instead, the court will consider the same factors it would when dividing any other property, such as which spouse has primary possession of the pet and whether one spouse has a greater need for the pet.

Determining Custody

When determining the custody of a pet, the court will first consider which spouse has primary possession of the pet. This means that the court will look at which spouse the pet has been living with during the marriage and which spouse has been responsible for the pet’s care. If both spouses have shared primary possession of the pet, the court may consider other factors such as which spouse has a greater need for the pet or which spouse has the financial means to provide for the pet.

Pet Agreements

Couples can reach their own agreement on the custody of their pets, similar to property division agreements. This agreement must be in writing and be approved by the court before it becomes a binding order of the court. If the couple cannot reach an agreement, the court will make the decision for them. Pet agreements typically include things like which spouse will have primary custody of the pet, how the pet will be cared for, and who will be responsible for the pet’s expenses.

Pet Visitation

In Oklahoma, pet visitation is not legally recognized, so the court will not order that one spouse can visit the pet. However, if a couple has reached a pet agreement, they may include provisions for visits between the pet and the non-custodial spouse.

Expert Testimony

In some cases, the court may consider expert testimony when determining the custody of a pet. This can include testimony from a veterinarian about the pet’s health and well-being or from a pet behaviorist about the pet’s needs. Expert testimony can help the court understand the unique needs of the pet and make a more informed decision about its custody.

What You Need to Know about Pets and Divorce

In Oklahoma, pets are considered personal property and their custody is determined in a similar way as other property. The court will consider which spouse has primary possession of the pet and may consider other factors such as which spouse has a greater need for the pet or which spouse has the financial means to provide for the pet.

Couples can also reach their own agreement on the custody of their pets and include provisions for visits between the pet and the non-custodial spouse. It’s important to note that pet visitation is not legally recognized in Oklahoma, but expert testimony can be considered by the court to help determine the best interest of the pet.

Low-cost Initial Consultation: Tulsa Divorce Lawyers

While we don’t necessarily think of them as such, pets are considered property under Oklahoma law. As such, they can be taken away from you in a divorce settlement. Your best chance at keeping this from happening is to contact an Oklahoma divorce lawyer at the Divorce Law Office of Tulsa. Our expert divorce attorneys in Tulsa can convene with you (via phone or email) for a low-cost consultation on the particulars of your case. If you choose to go forward, they’ll work day and night to ensure you have the best chance at protecting your cherished four-legged family member.

To get started, contact us today at 918-924-5526 or fill out the contact form at the top of the site. Whichever method you choose, a trained Tulsa divorce lawyer will be in touch with you soon.

During a divorce, the courts are responsible for dividing the assets and debts of the marriage in a fair and equitable manner. In Oklahoma, the process of dividing assets is known as “equitable distribution.” However, not all assets acquired during the marriage are considered marital property and are subject to equitable distribution. Some assets are classified as separate property and are not subject to distribution.

This article will provide an overview of the impact of separate property on equitable distribution in Oklahoma and the steps involved in the process.

Definition of Separate Property

Separate property is defined as property that is owned by one spouse before the marriage, acquired during the marriage by gift or inheritance, or acquired after a legal separation. It is important to note that in Oklahoma, any increase in value of separate property during the marriage is considered separate property as well.

Examples of separate property include:

• Property owned before the marriage
• An inheritance received during the marriage
• A gift received by one spouse during the marriage
• Personal injury awards or settlements
• Retirement benefits earned prior to the marriage
• Identifying Separate Property

The first step in the equitable distribution process is identifying which assets are separate property and which assets are marital property. This can be a complex process, especially if the couple has commingled their separate property with marital property. In these situations, the court may need to conduct an investigation to determine the separate property.

Marital Property

Marital property is defined as any property acquired during the marriage, regardless of whose name is on the title or which spouse earned the income. This includes property such as the marital residence, cars, bank accounts, and investments. Marital property is subject to equitable distribution during the divorce process.

The Equitable Distribution Process

Once the court has determined which assets are separate property and which assets are marital property, it will begin the process of dividing the marital property in an equitable manner. The court will consider factors such as the length of the marriage, the income and earning potential of each spouse, and the needs of each spouse.

The court may also consider the separate property each spouse has when dividing the marital property. For example, if one spouse has significantly more separate property than the other, the court may award a larger share of the marital property to the spouse with less separate property.

Property Division Agreement

Couples can reach their own agreement on how to divide their assets and debts. This agreement must be in writing and be approved by the court before it becomes a binding order of the court. If the couple cannot reach an agreement, the court will make the decision for them.

The impact of separate property on equitable distribution in Oklahoma can be significant. It is important for couples going through a divorce to understand the differences between separate property and marital property and how the court will treat each type of property. The court will consider the separate property of each spouse when dividing the marital property in an equitable manner. However, it’s important to keep in mind that couples can also reach their own agreement on how to divide their assets and debts, as long as it is approved by the court.

Initial Consultation: Divorce Lawyers in Tulsa, Oklahoma

Divorce is a trying and stressful time, especially when there’s money involved (as there often is). If you are going through a divorce in Oklahoma, it’s incumbent upon you to protect your financial interests by contracting the services of a Tulsa divorce attorney. The Divorce Law Office of Tulsa offers low-cost consultations with trained Tulsa divorce lawyers. Simply call us at 918-924-5526 or use the contact form at the top of the site. Whichever method you choose, a divorce lawyer in Tulsa will be in touch with you shortly.

Step-parent adoption is a legal process that allows a step-parent to adopt their stepchild and become their legal parent. This process can be complex, especially in Oklahoma where there are specific laws and requirements that must be met.

In this post, we will discuss the complexities of step-parent adoption in Oklahoma, including the requirements for eligibility, the legal process, and the potential challenges that may arise.

Eligibility Requirements

The first step in the step-parent adoption process is determining whether you are eligible to adopt your stepchild.

In Oklahoma, there are several eligibility requirements that must be met, including:

1. The child’s biological parent must have had their rights terminated or must consent to the adoption.
2. The step-parent must be legally married to the child’s biological parent.
3. The step-parent must have lived in Oklahoma for at least six months prior to filing for adoption.
4. The step-parent must be at least 10 years older than the child.

If you meet these eligibility requirements, you can proceed with the step-parent adoption process.

The Legal Process

Once you have determined that you are eligible to adopt your stepchild, the next step is to begin the legal process.

The legal process for step-parent adoption in Oklahoma includes the following steps:

1. File a petition for adoption with the court. This will include information about the child, the biological parent, and the step-parent.
2. Attend a home study. A home study is a process where a social worker will visit your home and evaluate your family dynamics, parenting skills, and overall suitability to adopt a child.
3. Attend a hearing. A hearing will be scheduled where the court will review the petition for adoption and the home study report. The child’s biological parent, the step-parent, and the child (if they are old enough) will be required to attend the hearing.
4. Finalize the adoption. If the court grants the adoption, the step-parent will become the legal parent of the child, and the child will take the step-parent’s last name.

Once all the steps are completed, the court will schedule a final hearing during which your attorney will formally question you about the adoption. The judge will formally grant you parental rights by signing the decree at that hearing.

Potential Challenges

While the step-parent adoption process in Oklahoma can be relatively straightforward, there are potential challenges that may arise. Some common challenges include:

1. The biological parent does not consent to the adoption. If the biological parent does not consent to the adoption, the court may still grant the adoption if it is in the best interest of the child.
2. The biological parent’s rights have not been terminated. In order for the step-parent to adopt the child, the biological parent’s rights must be terminated. This can be a complex process, and it may take some time to complete.
3. The child is not old enough to consent to the adoption. In Oklahoma, children who are 14 years or older must give their consent to the adoption. If the child does not consent, the court may still grant the adoption if it is in the best interest of the child.
4. The step-parent does not meet the eligibility requirements. If the step-parent does not meet the eligibility requirements, the court will not grant the adoption.

Navigating the complexities of step-parent adoption in Oklahoma can be challenging, but with the help of an experienced attorney and a supportive family, the process can be completed successfully. It is important to keep in mind that the best interest of the child is always the top priority, and the court will take this into consideration when making a decision.

Initial Consultation with a Tulsa Adoption Attorney

Navigating the step-parent adoption process in Oklahoma can be tricky without help. The Divorce Law Office of Tulsa offers low-cost consultations for all those seeking advice on how to do this. To reach a Tulsa adoption attorney , call 918-924-5526. If you prefer email, you can also contact us using the Contact Form at the top of the site. Either way, an adoption lawyer in Tulsa will be in touch with you shortly.