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FAQ: Family Law in Tulsa, OK

Q: Do I Need an Attorney to Handle My Divorce?

A: Although divorce is common, it is still important to consult with an experienced lawyer about how to handle your proceedings. Having a lawyer by your side will help ensure that your rights, as well as the rights of your children, are protected. Your lawyer can help you determine how to handle issues like dividing marital property, creating child custody and visitation agreements, and spousal support payments.

Q: How Long Does It Take to Get Divorced?

A: The length of a divorce varies from case to case and is dependent on a number of different factors. Divorce can take years when spouses can’t come to an agreement about their disputes. Having a skilled attorney can help to shorten the length of your divorce.

Q: What Are the Benefits of a Prenuptial Agreement?

A: A prenup enables you to express your explicit terms for what you and your spouse will receive if you were to ever get a divorce. A prenup can also be used to allocate your assets in the event that you pass away. Prenuptial agreements allow you to keep your property and can be used to protect you from any debts that your spouse has acquired during the marriage. One of the greatest benefits of having a prenuptial agreement in place is that it can make your divorce proceedings run more smoothly.

Q: How Is Spousal Support Determined?

A: Courts will consider the earning capacity of each spouse, the length of the marriage, the age of each spouse, and the standard of living the couple shared during their marriage, to come up with a fair spousal support agreement.

Q: Do I Still Have to Pay Child or Spousal Support if I Lose My Job?

A: Even if you lose your job, you will need to keep up with your child support or spousal support orders. However, you can pursue a modification to the existing order if you are experiencing financial hardship. To do this, you will need to file your request with the court. But remember, you should not stop paying until your modification has been approved by the court.

Q: Is a Custodial Parent Allowed to Move to Another State?

A: The court will need to decide on the matter if a custodial parent wants to move to another state. The court will base its decision on what is in the best interest of the child. If it is in the best interest of the child to stay in the state, the move will be denied.

Q: What Is Community Property?

A: Community property is any property that is shared and owned between spouses. Separate property is exclusively owned or inherited by one spouse. If they choose to, a couple can integrate separate properties into community properties.

Q: If I want to adopt my stepchild, do I need to obtain consent from their other birth parent?

A: In Oklahoma, stepchild adoptions can be made even without the consent of the non-custodial parent if certain conditions are met. You and your spouse, the biological parent of the child, must be married for at least one year. The court also considers other factors, particularly if the other birth parent is delinquent on child support. Additionally, the court can terminate the parental rights of the other parent if they are deemed unfit or have abandoned the child.

Do you have more questions regarding family law? Contact our Tulsa family law attorney to schedule an appointment to discuss your case.

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