An Oklahoma Family Law Attorney Answers Divorce and Child Support Questions

Are there any advantages to petitioning for at-fault divorce? Will my savings affect the amount of my child support? How long will my alimony payments continue? Click here for answers on divorce, custody, and support payments on our FAQ page.

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  • 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 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 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.

  • How do I get my marriage annulled in Oklahoma?

    “Can I just get my marriage annulled?”  Unlike divorce, annulment of marriage in Oklahoma is only available to void or voidable marriages.  How can a marriage be void or voidable? A void marriage is created when one party does not satisfy the constitutional requirements for a marriage.  The constitutional requirements are the following: the parties are over the age of majority (18), the parties are unmarried or it is not within the first 6 months after a divorce, and the parties are unrelated.  In effect, an annulment declares a marriage invalid, rather than dissolves it.  Therefore, it acts as if the marriage never existed.  Oddly enough, other than the declaration of invalidity, the relief available for an annulment is very similar to a divorce. 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 am not sure I want a divorce, what are my options?

    “I am not sure I want a divorce, what are my options?”  The three different types of marriage dissolution in Oklahoma are divorce, annulment, and separation.  Divorce provides relief in several areas.  It provides for more than just the dissolution of a marriage.  It may also provide for child custody and child visitation, child support, property division, spousal support alimony, a name change, divorce attorney’s fees, and a restraining order.  In a divorce case, the petitioner must state the grounds for which the divorce should be granted.  There are many grounds for divorce in Oklahoma, including adultery. But, the most common grounds for divorce in Oklahoma is incompatibility.  Legally, this is defined as a conflict of personalities that destroys the legitimate ends of matrimony and the possibility of reconciliation.  In reality, this means neither party is at fault for the deterioration of the relationship.  The couple just cannot get along anymore, and the possibility of the couple renewing their marriage is highly unlikely.  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 have been living with my boyfriend/girlfriend for several years. Am I common law married?”

    “I have been living with my boyfriend/girlfriend for several years. Am I common law married?”  Most likely, the answer is no.  Living together does not, in itself, create a common law marriage.  There is not a durational requirement for common law marriage in Oklahoma, meaning it doesn’t matter whether a couple has lived together for 24 hours or 24 years.  The fact that a couple lives together for a long time may be evidence there is a common law marriage, but this evidence by itself, will not prove anything.  Both parties must have the mutual consent to be married.