What am I Entitled to in an Oklahoma Divorce?
The Information you need before divorce.
By Joshua C. Smith
What to Expect in Oklahoma Divorce?
Going through a divorce is a challenging and emotionally taxing experience, and understanding your rights and entitlements during this process is crucial. If you’re contemplating or in the midst of a divorce in Oklahoma, it’s essential to comprehend what you may be entitled to under Oklahoma divorce law. While divorce laws can vary from state to state, Oklahoma has specific guidelines outlining the rights and entitlements of individuals going through a divorce.
“Joshua C. Smith has over a decade of experience handling divorce cases in Oklahoma.”
Division of Property:
Oklahoma follows the principle of equitable distribution when it comes to dividing marital property during a divorce. Equitable distribution does not necessarily mean an equal 50/50 split, but rather a fair division based on various factors. Marital property typically includes assets acquired during the marriage, such as real estate, vehicles, bank accounts, retirement accounts, investments, and personal belongings.
Separate property, which is typically not subject to division, includes assets owned by one spouse before the marriage, inheritances received by one spouse, gifts given specifically to one spouse, and personal injury awards received by one spouse.
Factors that may influence the division of property include the length of the marriage, each spouse’s contribution to the marriage, the income and earning potential of each spouse, and the presence of any prenuptial agreements.
Alimony:
Alimony, also known as spousal support or maintenance, may be awarded to one spouse by the court if deemed necessary. The purpose of alimony is to help a lower-earning spouse maintain a similar standard of living post-divorce. Alimony may be temporary or permanent, depending on the circumstances of the marriage and the financial needs of each spouse.
Factors considered when determining alimony include the length of the marriage, each spouse’s earning capacity and financial needs, the standard of living established during the marriage, and each spouse’s age and health.
Child Custody and Support:
Child custody and support are often the most contentious issues in a divorce involving children. Oklahoma courts prioritize the best interests of the child when making custody and support decisions. Custody arrangements can vary, including joint custody, sole custody, or a combination thereof.
Child support is typically determined based on the Oklahoma Child Support Guidelines, which consider factors such as each parent’s income, the number of children involved, and any special needs of the children.
Debts:
In addition to property division, alimony, child custody, and support, there may be other considerations in an Oklahoma divorce. These may include the division of debts accrued during the marriage, such as mortgages, credit card debt, and loans.
It’s essential to consult with a knowledgeable divorce attorney who can guide you through the legal process and advocate for your rights and interests. A skilled attorney can help you understand your entitlements under Oklahoma law and work towards a fair and equitable resolution.
Joshua C. Smith has over a decade of experience handling divorce cases in Oklahoma. He has earned a reputation as a compassionate, but fierce advocate for those facing divorce proceedings. Contact Joshua C. Smith to see why he has set the standard for Family Lawyers in Oklahoma.