Divorce

Navigating the Divorce Process

Setting Sail Towards a Brighter Future

• Understanding the Basics: Divorce, also known as the dissolution of marriage, is a legal process that ends a marriage. In Oklahoma, the requirements for divorce include being a resident of the state for at least six months and filing a petition for divorce in the appropriate county court.

• Grounds for Divorce: Oklahoma recognizes both fault and no-fault divorce grounds. The most common no-fault ground is "incompatibility." Fault grounds include abandonment, adultery, impotency, extreme cruelty, and more.

• Divorce Process: The divorce process typically begins with one spouse filing a petition for divorce, serving the other spouse, and then negotiating and finalizing the divorce terms through either agreement or trial.

Division of Assets and Debts

Dividing the Pie Fairly and Equitably

• Equitable Distribution: Oklahoma follows the "equitable distribution" principle, meaning that the court will divide the marital property and debts fairly, though not necessarily equally, between the spouses.

• Marital vs. Separate Property: Marital property includes assets and debts acquired during the marriage, while separate property is what each spouse brought into the marriage or received individually through gifts or inheritance.

• Factors Considered: The court will consider factors such as the length of the marriage, each spouse's contribution to the acquisition of property, and the economic circumstances of each spouse.

Child Custody and Visitation

Putting the Best Interests of the Children First

• Types of Custody: Oklahoma recognizes legal and physical custody. Legal custody refers to decision-making authority, while physical custody refers to where the child lives.

• Joint vs. Sole Custody: The court may award joint custody, where both parents share responsibilities, or sole custody, where one parent takes on the majority of the responsibilities. The preference is generally to award joint custody unless it is not in the best interest of the child.

• Visitation Rights: Non-custodial parents are usually granted visitation rights, which can be structured as supervised, unsupervised, or as a set schedule depending on the circumstances.

Child Support and Alimony

Ensuring Financial Stability for Both Spouses and Children

• Child Support: In Oklahoma, both parents are responsible for supporting their children financially. The court will use a specific formula, considering factors such as each parent's income and the child's needs, to determine the appropriate amount of child support.

• Alimony: Also known as spousal support, alimony may be awarded to one spouse to ensure their financial stability after the divorce. Factors considered include the length of the marriage, each spouse's earning capacity, and the standard of living during the marriage.

Mediation and Collaborative Divorce

Exploring Alternative Paths to Dissolution

• Mediation: Mediation is a voluntary process where a neutral third party helps the spouses negotiate their divorce terms. It is often quicker, less expensive, and more private than traditional divorce proceedings.

• Collaborative Divorce: Collaborative divorce is another alternative that involves both spouses and their attorneys working together to reach an agreement. It fosters cooperation and can result in more tailored outcomes that work best for both parties.

Let Elton Jenkins Law, P.L.L.C. Guide You Through the Divorce Process

At Elton Jenkins Law, P.L.L.C., we understand that divorce is a challenging and emotional journey. Our compassionate and experienced attorneys are here to guide you through every step of the process, protecting your rights and ensuring your best interests are at the forefront of every decision. Whether you're navigating complex asset division, working towards a fair custody arrangement, or exploring alternative methods like mediation, our team is dedicated to helping you achieve a successful and amicable resolution.

Don't face the challenges of divorce alone. Let our knowledgeable and compassionate team at Elton Jenkins Law, P.L.L.C. help you untangle the knot of marriage with confidence and dignity. Reach out to us today for a consultation and take the first step towards a brighter, more secure future for you and your family. Call us at (405) 217-3623 or complete our online contact form, and let us be your guide through the complexities of divorce.