FAQ

Family law issues can be a difficult and stressful situation. Divorce and other family law matters can be expensive and take an emotional toll on your entire family. Working with an established family law attorney in Oklahoma can help navigate your legal issues. As professionals here to protect your rights, we will represent you, defend you and fight for you.

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We are here to help you, provide legal advice, protect your interests and represent you. Family law is our expertise, and we’re here to help you with the necessary documents for your case and represent you in court if need be. We can also provide a valuable outside perspective during a potentially very emotional time in your life. The more complex your case, the more necessary it is to hire a lawyer to protect your interests.

Please bring all documents with you that you think would be helpful, including financial records, a list of assets and debts, etc. or email them in advance. Be prepared to discuss all aspects of your case. If you have questions, write them out ahead of time. We will answer all of your questions and give you an expectation of challenges and possible outcomes of your case. From there, we will further investigate the laws and facts of your case so we can proceed with the best outcome to protect your interests. Our conversation at the initial meeting and thereafter is completely confidential and will not be revealed to another party.

In order to file for a divorce, at least one party must have lived in the state for six months. Oklahoma includes a no-fault ground for divorce based on the incompatibility, so actual fault-based grounds such as physical abuse or mental cruelty, adultery or imprisonment need not be proven.

One party files a petition with the court and serves a copy to the other party. The other party then files a response, in which the party may also allege a cause for dissolution of the marriage and ask for relief. A hearing date will be set, and the time before the hearing will be spent in discovery, which is the process of collecting testimony, records and other evidence necessary to prepare a case.

Unfortunately, there is no way to predict what a divorce will cost. Family lawyers are paid based on the amount of time required to resolve your case. The amount of time spent on your case depends on the complexity of the issues, what needs to be done to protect your rights and the willingness of the parties to reasonably settle without having to go to court. Even if you have to go to court, your willingness to settle smaller issues without court involvement can save you money.

How much one spouse pays the other’s attorney fees depends on the case. Sometimes, a significantly-higher earning spouse may be ordered to pay at least some portion of the lower-earning spouse’s attorney fees and costs. In Oklahoma, attorney fees can be awarded if it is necessary for one spouse to adequately represent their case and the other party has sufficient funds available and/or if the other party has done more damage.

Note: This requires an Application for Attorney Fees, a Memorandum Brief and an Affidavit by the attorney. This request must be filed within thirty days of the finalizing of the divorce, or it is considered waived.

If both spouses agree on the issues to be decided, such as the property division and payment of spousal support, a full trial is not needed. Rather than imposing the court’s own disposition of the case, the judge will approve the agreement of the parties. If issues of child custody and child support are involved, the court may scrutinize the agreement more carefully before approving it to be sure it is in the child’s best interests.

If the marriage occurred within six months of a divorce of one of the spouses, the marriage may be annulled.

Child support is based upon the combined monthly gross income of the spouses, the number of children and other factors. The court may deviate from these guidelines if appropriate and in the best interests of the child. Contact us for more information.

Either spouse may be required to pay spousal support, and it may be temporary or permanent, periodic or lump sum. The court has discretion to award alimony as it thinks reasonable, just and equitable. Support payments cease upon the death or remarriage of the recipient. If the recipient lives with another person even without marrying, that can be grounds for modifying or terminating support.

A petition for guardianship is filed in the county where the parent lives. A hearing date is set. If the court decides at the hearing that a guardianship is necessary, a guardian is appointed. The guardian will be required to report at least annually to the court regarding the condition of the parent, including the parent(s)’ finances. You must be able to show why a guardianship is necessary, including why the parent(s) is unable to care for the child, and why you are qualified to serve as guardian.