Frequently Asked Questions About Divorce, Seperation & Child Custody Law

In Oklahoma, the minimum waiting period to get a divorce is 10 days from the date the divorce petition is filed. However, the actual time it takes to complete a divorce can be vastly diffrent, depending on factors such as the complexity of the issues involved, whether the divorce is contested or uncontested, and how quickly the parties are able to reach a settlement agreement. On average, an uncontested divorce in Oklahoma may take several months, while a contested divorce can take up to a year or more to resolve through litigation. Our experienced divorce attorney’s work hard to ensure that your case moves forward as efficiently as possible while still protecting your legal rights and interests.

The main difference between a contested and uncontested divorce is whether the parties are able to reach an agreement on the terms of their divorce without the need for court intervention. In an uncontested divorce, both parties are able to come to an agreement on issues such as property division, child custody, and spousal support, and the divorce process can proceed without the need for litigation. Uncontested divorces are generally less time-consuming and costly than contested divorces.

In a contested divorce, on the other hand, the parties are unable to reach an agreement on one or more issues, and litigation may be necessary to resolve the dispute. In this case, each party typically hires an attorney to represent them in court and advocate for their legal rights and interests. Contested divorces can be emotionally and much more costly, as they often involve lengthy court proceedings, extensive discovery, and may require expert testimony from financial or child custody experts.

Oklahoma is an equitable distribution state, which means that property in a divorce is divided in a manner that is fair and equitable, but not necessarily equal. The court considers a number of factors when determining how to divide property, including:

1. The length of the marriage

2. The age and health of each spouse

3. The earning capacity of each spouse

4. The contribution of each spouse to the acquisition of marital property, including contributions as a homemaker

5. The value of each spouse's separate property

6. The tax consequences of the division of property

7. Any other relevant factors

Marital property in Oklahoma is defined as any property acquired by either spouse during the course of the marriage, with a few exceptions such as gifts or inheritances received by only one spouse. Separate property is property that was acquired by a spouse before the marriage, or acquired during the marriage through inheritance or gifts from someone other than the other spouse.

Our OKC divorce attorney can help you protect your legal rights and interests when it comes to property division throughout any Oklahoma divorce.

In Oklahoma, child custody is determined based on the best interests of the child. The court considers a number of factors when making a custody determination, including:

1. The wishes of the child (if the child is old enough to express a preference)

2. The ability of each parent to provide for the child's physical and emotional needs

3. The physical and mental health of each parent

4. The relationship between the child and each parent

5. The willingness of each parent to encourage a relationship between the child and the other parent

6. The geographic proximity of the parents' homes

7. Any history of domestic violence or abuse

Oklahoma law encourages joint custody and frequent contact between the child and both parents, unless there is evidence that it would not be in the best interests of the child. In some cases, the court may appoint a guardian ad litem or custody evaluator to provide a recommendation on what custody arrangement would be in the child's best interests.

Our experienced family law attorney’s can help you navigate the child custody process and advocate for your legal rights and interests.

In Oklahoma, child support is calculated based on the Oklahoma Child Support Guidelines. The guidelines take into account several factors, including:

1. The gross income of both parents

2. The number of children being supported

3. The cost of health insurance and other medical expenses for the child

4. The cost of child care necessary for the custodial parent to work or attend school

5. Any other relevant factors

The guidelines use an income shares model, which means that both parents' income is considered in determining the amount of child support to be paid. The amount of support is based on the total amount of money both parents would have spent on the child if the parents were living together and sharing the expenses.

Once the court has determined the basic child support obligation, it can be adjusted based on several factors, such as the custodial parent's income, the amount of time the non-custodial parent spends with the child, or the child's special needs.

Our experienced OKC family law attorney’s can help you understand your rights and obligations when it comes to child support in Oklahoma, and help you ensure that the amount of support ordered by the court is fair and reasonable.

and is only awarded when the court determines that it is necessary. When making an alimony determination, the court considers several factors, including:

1. The financial needs and resources of each spouse

2. The duration of the marriage

3. The age and health of each spouse

4. The earning capacity of each spouse

5. The standard of living established during the marriage

6. The contribution of each spouse to the other's education, training, or increased earning power

7. Any other relevant factors

Unlike child support, there are no specific guidelines for calculating alimony in Oklahoma. Instead, the court has broad discretion to determine the amount and duration of alimony, based on the specific circumstances of the case.

Our experienced OKC family law attorney’s can help you understand your rights and obligations when it comes to alimony in Oklahoma, and help you advocate for a fair and reasonable alimony award, whether you are seeking alimony or defending against a request for alimony.

In Oklahoma, legal separation and divorce are two different legal processes that allow couples to live apart from each other. The main difference between legal separation and divorce is that legal separation does not end the marriage, whereas divorce terminates the marriage.

Legal separation in Oklahoma is a legal process that allows couples to live apart while remaining legally married. During a legal separation, the court can issue orders regarding child custody, child support, spousal support, and property division, just like in a divorce. However, the couple remains married, and neither spouse can remarry.

Divorce, on the other hand, is the legal process that terminates a marriage. Once the divorce is final, the couple is no longer married, and each spouse is free to remarry if they choose to do so. In Oklahoma, a divorce can be granted on fault or no-fault grounds, and the court will issue orders regarding child custody, child support, spousal support, and property division.

It's important to note that legal separation and divorce have different legal implications, and couples should carefully consider their options before proceeding with either process. It's recommended that couples consult with a lawyer at Morrissette Law to discuss their individual circumstances and determine the best course of action.

In Oklahoma, grandparents can request visitation rights with their grandchildren under certain circumstances. However, these rights are not automatic and must be requested through the court system.

Under Oklahoma law, grandparents can file a petition for visitation if one of the following conditions is met:

1. The child's parents are divorced or have been separated for at least six months, and one parent does not object to the visitation.

2. One of the child's parents is deceased, and the surviving parent denies reasonable visitation to the grandparents.

3. The child has lived with the grandparents for at least six months, and the child is removed from the grandparents' home by the parents.

To request visitation rights, grandparents must file a petition with the court in the county where the child resides. The court will consider the best interests of the child when making a decision on the petition.

It's important to note that grandparents do not have an automatic right to visitation with their grandchildren in Oklahoma. The court will consider various factors, including the child's relationship with the grandparents, the child's preference (if the child is old enough), and any potential harm to the child if visitation is granted or denied.

Grandparents who are interested in seeking visitation rights with their grandchildren should seek out a consult with our experienced family law attorney’s in OKC to discuss your options and determine the best course of action.

Yes, it is possible to modify child custody or support orders after they have been issued by the court in Oklahoma, but there are certain requirements that must be met.

Child custody orders can be modified if there has been a significant change in circumstances since the original order was issued. Examples of significant changes in circumstances include a parent's relocation, the child's needs changing, or a parent's failure to comply with the original order. To modify a custody order, a parent must file a motion with the court and demonstrate that a modification is in the best interests of the child.

Child support orders can also be modified if there has been a significant change in circumstances, such as a change in income or employment status of either parent, or a change in the needs of the child. A parent can file a motion with the court to modify the child support order, and the court will consider the evidence presented to determine whether a modification is appropriate.

It's important to note that any modifications to child custody or support orders must be approved by the court. Parents cannot make changes to these orders on their own without court approval. It's recommended that parents work with an experienced OKC family law attorney to help them navigate the process of modifying child custody or support orders. To set up your consult contact us today.

Choosing the right attorney to represent you in a divorce or custody case in Oklahoma is an important decision that can greatly impact the outcome of your case. Here are some tips to help you choose the right attorney:

1. Look for an attorney who specializes in family law: Family law is a complex area of law, and it's important to work with an attorney who has experience and expertise in this field.

2. Ask for referrals: Ask friends, family, or colleagues who have gone through a divorce or custody case for recommendations. You can also check online reviews and ratings of attorneys in your area.

3. Schedule a consultation: Many attorneys offer free consultations, which can be a good opportunity to discuss your case and get a sense of the attorney's experience and approach.

4. Consider communication style: It's important to work with an attorney who communicates well and keeps you informed throughout your case.

5. Check for disciplinary actions: You can check with the Oklahoma Bar Association to see if an attorney has any disciplinary actions or complaints against them.

6. Evaluate the attorney's fees: Make sure you understand how the attorney charges fees and what services are included.

It's important to take the time to feel confident in the attorney you choose. Ensure you are the right fit for your needs and who can help you achieve your goals. A good attorney can help you navigate the complex legal system and protect your rights and interests during a divorce or custody case.