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  • My spouse and I are getting a divorce, but I am worried she/he will not give me any money for our child once we get divorce.

    “My spouse and I are getting a divorce, but I am worried she/he will not give me any money for our child once we get divorce.”  This problem is associated with child support.  What is Oklahoma child support?  Child support is a calculated amount of money, ordered by the court, for the noncustodial parent to give to the custodial parent on a monthly basis.  In other words, a court orders one parent to pay the other parent, a monthly sum, to help pay for the children’s expenses.  If one party is worried that the other party will not help raise the child, then they should request the court order child support.

    Child support can be complicated and there are many ways for it to be calculated improperly...costing you substantial money.  If you are facing this issue or have additional questions, contact us here, or call 405-543-2529 to schedule a in-office or phone consultation.

  • I’m worried my spouse will get most of the property in the divorce. If he/she does get everything, will I be left with nothing? Can alimony in Lieu of Property help.

    “I’m worried my spouse will get most of the property in the divorce.  If he/she does get everything, will I be left with nothing?”  Not necessarily.  Although, nothing can be done about the separate property the other party already owned, there is a type of alimony available to those who receive the “short end of the stick” on the Oklahoma divorce property distribution.  This is called “alimony in lieu of property.”  This means if the value of the property is uneven in the property distribution, then the party receiving the lesser value may be able to receive the difference in alimony.  This type of alimony has nothing to do with the need for support or the ability to pay for the support.  It merely evens the scales when one party receives more property than the other.

  • Retirement Funds: Does my spouse get half?

    I have a retirement account from before I was married.  Can my spouse take half of my retirement in our Oklahoma divorce?  Retirement plans differ greatly and there are different rules for different types of retirement plans.  Most likely, Oklahoma divorce laws say that a spouse will not be able to take half of your retirement in this situation.  However, this does not mean your spouse cannot get any of the retirement.  For example, if one party has a defined contribution plan, then the value which would be considered marital property, and subject to property division, is the amount of the contribution during the marriage plus interest.  This means that in a divorce only the amount paid into the account plus interest would be subject to property division in a divorce.  Other retirement accounts have different rules for determining if any of the account is subject to property division.  Military retirements are protected by federal law.  Federal law precludes state law from dividing military plans.  Therefore, veterans’ benefits are considered separate property and not subject to property division.

    If you have further questions, contact us here, or call 405-543-2529.

  • “I inherited property from my parents. Will I have to split it with my spouse when I get divorced?

    “I inherited property from my parents.  Will I have to split it with my spouse when I get divorced?”  No.  Inheritance is considered separate property.  Property that is left to someone is considered the sole property of that person.  In other words, anything that is left to you and you alone through inheritance is separate property.  This  means it would not be subject to property division in a divorce.  For example, if you inherited your mother’s jewelry through her will, then your spouse would not be able to obtain any of the jewelry in a subsequent divorce action. 

    If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.

  • I acquired some money separately, but I put it in our joint checking account. Is this property still separate property under Oklahoma Divorce Law?

    “I acquired some money separately, but I put it in our joint checking account.  Is this property still separate property under Oklahoma Divorce Law?”  Unless you can easily show the exact amount put into the joint checking account and prove that it has not yet been spent, then the county court will determine the property will be subject to property division.  If separate property is put into a joint account and it is unclear what is separate property and what is marital property, then commingling has occurred.  “Commingling” is a term used to describe how separate property can be converted into marital property.  This often happens when someone has acquired separate funds by means of a gift, inheritance, or already possessed the funds prior to the marriage and deposits said funds into an account with both parties’ names.  It is usually difficult to show what property was placed into the account from separate funds and whether or not it was taken out.  To avoid this, anyone who is depositing separate funds into a joint account should be very diligent and should carefully keep records for everything going in and out of the account and what the funds were used for.

    If you have other questions click here or call 405-542-2529 to schedule a phone or in-office consultation.

  • I gave my wife/husband a gift. Is it considered marital property?

    “I gave my wife/husband a gift.  Is it considered marital property?”  Most likely the answer is no.  Any gift to one spouse is separate property, unless the property is being transferred into a joint title.  For example, jewelry that is given as a birthday present will be considered as separate property, but if the title of a car is transferred from sole ownership to joint ownership, then the gift is typically considered marital property. 

     

    If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.

  • How will my Oklahoma property be divided in my divorce?

    “How will my Oklahoma property be divided in my divorce?”  Property division in an Oklahoma divorce is determined by looking all the property both parties acquired before the marriage, during the marriage, and after the parties either filed or separated.  From there, the court will determine which property is separate and which property is marital.  Separate property is never subject to property division, unless the parties agree otherwise.  For example, if one party purchases a vehicle before the marriage  and the title to the vehicle has remained solely in that party’s name, then this would be considered separate property and would not be subject to property division.  Marital property, on the other hand, is split between the parties in a Oklahoma divorce.  Oklahoma Marital property is all the property that is acquired through the joint industry during the marriage, which basically means the property was acquired during the marriage with income earned by either party during the marriage. 

    If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.

  • I paid for this property with my hard earned income. I should not have to give any of it to my spouse in my oklahoma divorce?

    I paid for this property with my hard earned income.  Should I not have to give any of it to my spouse in my Oklahoma divorce?  Many people think this way.  However, the divorce laws of Oklahoma explain that if the money used to buy the property was earned during the marriage, then it is martial active income.  Marital active income includes all job wages earned during the marriage.  Nevertheless, there is always a way to argue that it was purchased with separate funds.  This is called “tracing”.  To do this, the party wanting the property to be separate would have to prove that all money used to purchase the property came from funds that would be considered separate property, such as a checking account acquired prior to the marriage.  If the property is purchased by separate funds, the property is also considered separate property.  Thus, it is not subject to property division in a divorce proceeding. 

    If you need further questions or need a family lawyer, contact us here or call 405-542-2529

  • “I just moved to Oklahoma. May I file for divorce here?

    “I just moved to Oklahoma. May I file for divorce?”  Unless the party has been living in Oklahoma for six months, they may not file for divorce in Oklahoma.  The jurisdictional requirements for a divorce in Oklahoma require the filing party to be a resident of Oklahoma for the past six months.  However, the durational requirement for Oklahoma legal separation is only one day.  Therefore, if someone has recently moved to Oklahoma, although they may not be able to obtain a divorce, they may be able to file for separation.

    If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.

  • “I don’t believe in divorce, but my spouse has left me. Is there anything I can do?”

    “I don’t believe in divorce, but my spouse has left me.  Is there anything I can do?”  In Oklahoma, Separation is the most peculiar dissolution option.  An Oklahoma legal Separation does not grant the dissolution of a marriage.  It is merely spousal support alimony without the divorce.  The couple remains married.  However, if one party files for separation, either with or without an Oklahoma Divorce Lawyer, and the other party files for divorce, then the divorce case will trump the separation case.  Separation is typically used when one party feels they may be able to salvage their marriage, but they don't want to be left with anything to support themselves while they work on their marriage. If you need further information continue browsing this site for additional legal information about your Oklahoma Legal Issue or contact one of our Oklahoma Divorce Lawyers.