Brettmortonlaw

Divorce

Divorce, also known as Dissolution of Marriage, can range from an amicable and agreed matter to highly litigious and lengthy process. We understand that during this time you’re making important life decisions, and as an experienced family law attorney we can help. Our staff provides you with necessary information to help you through this difficult time. We want to offer a peaceful, collaborative divorce process for you and your family.

We can help you successfully navigate the complex Divorce issues of:

Property Division and Settlement

Alimony and Spousal Support

Child Custody and Support

Child Visitation

Retirement and Investment Division

Emergency Matters

Parenting Education

Divorce Education

Requirements or Eligibility for Divorce in Oklahoma:

Must be legally married.

Must be a resident of Oklahoma for six (6) months prior to filing the Divorce petition.

The Divorce action will be filed in the Country in which you have resided for the past 30 days.

Frequently Asked Questions

How long does a divorce take?

Divorces can be completed in as little as a few days or up to several months. If children are involved, the law requires that there must be a 90 day waiting period from the time that the divorce petition was filed before the divorce action can be finalized. Division of real property and retirement investments usually cause a delay in time before the divorce action to finalize.

It is beneficial for you to act now.

What happens to my property that I had prior to marriage?

Property acquired prior to marriage is usually considered separate property and is not part of the marital estate. This means that you will likely be able to retain such property unless you conveyed an interest in the property to your spouse or marital funds were used to enhance the value of the property.

If our children are over the age of 12, do they get to pick which parent they want to live with?

No. The Court will still have to make a determination as to what is in the child’s best interest, regardless of their age. The children will usually be able to voice a preference, but it is still the Court’s decision.

How is child support calculated in Oklahoma?

Child support is based on several factors:

1.Gross monthly income of the parents,

2.The cost of health insurance expended by the parent on the children,

3.The visitation schedule,

4.The cost of transportation,

5.The cost of child support paid on behalf of other children not in the home.

Am I entitled to alimony or my spouse’s retirement benefits?

The answer is very case specific. Alimony is not automatic. The length of the marriage, the ability of the person to earn income, the specific needs of the spouse to adjust to a single-person lifestyle, and the specific facts and circumstances surrounding the marriage are considered in that determination. A person is likely to be awarded an equitable division of their spouse’s retirement benefits, but serious considerations are given to the length of the marriage, the valuations of the investment(s), and the facts and circumstances involved.