Family Law Attorney in The Village, OK

In an uncontested divorce, both spouses agree on all major issues, such as property division, child custody, and support. This process is generally faster, less expensive, and less adversarial. In a contested divorce, spouses disagree on one or more key issues, requiring negotiation, mediation, or potentially court intervention to reach a resolution.

Oklahoma courts determine child custody based on the “best interests of the child.” Factors considered include the child’s physical and emotional needs, each parent’s ability to provide a stable and nurturing environment, the child’s relationship with each parent, and any history of domestic violence or substance abuse.

Oklahoma allows for both fault-based and no-fault divorce. Fault-based grounds include adultery, abandonment, cruelty, and imprisonment. However, the most common ground for divorce is “incompatibility,” which is a no-fault ground meaning you don’t have to prove your spouse did anything wrong.

Oklahoma is an “equitable distribution” state. This means marital property is divided fairly, but not necessarily equally. The court considers various factors, including each spouse’s contributions to the marriage, earning capacity, and financial needs. Separate property, acquired before the marriage or through inheritance, is generally not subject to division.

Mediation is a process where a neutral third party (the mediator) helps parties communicate and negotiate to reach a mutually acceptable agreement. It can be helpful in various family law matters, such as divorce, child custody, and child support, by facilitating open communication, reducing conflict, and empowering parties to create their own solutions.

Spousal support, or alimony, is not automatic in Oklahoma and is awarded based on factors such as the length of the marriage, each spouse’s financial situation, and their ability to support themselves post-divorce. The court may grant temporary or long-term support, depending on the circumstances, to help a lower-earning spouse transition to financial independence.

Yes, custody and support orders can be modified if there has been a significant change in circumstances. For custody, this could include a parent’s relocation, a change in the child’s needs, or concerns about the child’s well-being. Child support modifications may be granted due to changes in income, job loss, or other financial shifts. A court must approve any modifications to ensure they are in the best interest of the child.