Frequently Asked Questions

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.

A civil case seeks financial compensation for the survivor, while a criminal case focuses on punishing the perpetrator through jail time or other penalties. You can file a civil lawsuit completely independently of any ongoing criminal case.

Yes. The burden of proof in civil cases is lower than in criminal cases, meaning a conviction is not required to pursue justice in civil court. Regardless of whether the perpetrator was convicted of or even charged with a crime, you have the right to file a civil lawsuit against them.

Other negligent parties, such as property owners or employers, may also be held responsible and required to compensate the survivor.

In many cases, settlements are reached without requiring survivors to testify in court. If a trial is necessary, we’ll prepare and support you every step of the way. In certain cases, Oklahoma courts even allow survivors to file cases under pseudonyms to remain anonymous.

Most civil sexual abuse attorneys, like our team at Koller Baker & Associates, work on a contingency fee basis. That means that you don’t pay unless we win your case.