Answers from OKC
Divorce is a family law issue that can affect any married couple. No one ever really plans on getting divorced, either, so the result is often two people entering a complicated legal procedure without much information about it. In order to help yourself prepare for divorce, our Oklahoma City divorce lawyers from Mazaheri Law Firm have prepared a comprehensive divorce FAQ to address some of the most pressing questions and concerns that are probably on your mind. Of course, if you want assistance directly from our team, we encourage you to contact us online or call 405-414-2222 today.
What is the minimum amount of time a divorce can take to complete?
Oklahoma requires you to wait at least 10 days after filing for divorce before a judge will finalize it. If you have young children and will need to create child custody agreements, the waiting period is extended to 90 days. As of November 2015, parents are required to take co-parenting classes, only waived for good cause, before the divorce is finalized.
Does Oklahoma split marital assets evenly?
Not necessarily. Oklahoma is an equitable distribution state, which means that assets will be divided fairly, not equally. A judge will use their discretion to determine which spouse deserves what pieces of property based on how they contributed to the marriage.
How is alimony determined in Oklahoma?
There are two prongs to alimony: one party's need for support, and the other party's ability to pay maintenance without incurring undue financial struggles.
Are there grounds for divorce in Oklahoma?
Yes there are grounds for divorce, described by 43 O.S. Section 101. Most divorces, however, are filed on the grounds of irreconcilable differences and/or incompatibility.
What is the difference between contested and uncontested divorce?
In uncontested divorce, this means that both you and your spouse has agreed on how most of the major issues will be handled – namely division of assets/properties, child support, child custody, and alimony. Uncontested divorces are relatively simple divorces and can be completed much quicker.
On the other hand, contested divorces occur when couples disagree on major divorce issues. Such divorces usually require complex negotiations, mediation, or may proceed towards a trial. Contested divorces can be costly, but may be necessary in some cases.
Can I stop a divorce once it starts?
In the event that both parties have reconciled and no longer wish to pursue divorce, they can file a motion to dismiss the case. If only one party wants to dismiss the divorce, this is not possible and the divorce will proceed towards resolution.
Can I remarry immediately after my divorce finalizes?
No. Oklahoma law will not allow you to marry another person until 6 months have passed since your divorce was finalized. Your new marriage would be voidable in Oklahoma until the 6 months have passed at which time the impediment has been cured.
Can I modify my divorce order after the divorce is finalized?
Yes. As people relocate or children grow up, divorce orders can be modified in order to reflect these changes. If you need to modify child support, child custody, visitation, or alimony, you can submit a petition to request a modification of the divorce decree. Property division orders cannot be modified, which is why it is crucial to have an attorney advocate for you during the initial divorce proceedings.
Do I need to hire a divorce attorney?
It is not required, but your spouse will most likely have one, so you should be prepared as well. When considering if you should represent yourself, consider a couple of things. How well do you know the law? Are you familiar with the Oklahoma family court system? Having an attorney on your side can give you access to a wealth of legal information, the latest changes in the law, as well as experience resolving complex divorce disputes. You don’t have to face your divorce alone – we can guide you through every step and protect you.