Canadian County Divorce Attorney
The decision to end a marriage in Canadian County is a difficult one, and the process for accomplishing divorce is more complex than many people initially realize. If you and your spouse have decided to end your marriage or one of you no longer wishes to be married, it is important to understand what the divorce process entails and how you can prepare accordingly. An experienced Canadian County divorce attorney is an invaluable asset in this process.
Cannon & Associates can provide comprehensive legal support for your impending divorce.
Divorcing in Canadian County, OK
Oklahoma state law recognizes both no-fault divorce and fault-based divorce. A no-fault divorce is usually filed on the grounds of incompatibility or irreconcilable differences, whereas a fault-based divorce indicates that one of the spouses has done something to directly cause the breakdown of the marriage. Some of the most commonly reported actions that lead to fault-based divorce include adultery, spousal abuse, abandonment, fraud, or conviction of a felony.
State law requires that in order to file for divorce in Oklahoma, at least one of the spouses must be a resident of the state for at least six months. After a spouse files a divorce petition with the court, the court will then serve divorce papers to the respondent.
In an uncontested divorce, the couple agrees to all relevant terms and the court reviews and approves a divorce order. In a contested divorce, the couple will need to resolve various issues before they will be able to finalize their dissolution, and it is possible to accomplish this in various ways.
It is important to understand that both spouses must follow certain behavioral rules during their divorce proceedings and for some time after their divorce has been finalized. For example, if one of them begins cohabitating with a new partner within 30 days of divorce, they may be considered guilty of adultery. While this is not a crime it can influence the divorce case.
Important Factors of a Canadian County Divorce Case
Divorce not only ends the marriage contract between the spouses but also addresses ownership of their marital property. If the couple has children, this will further complicate their case by requiring a custody and support determination.
Other facts may come into play, some of which the spouses may be able to negotiate between themselves, while others must be resolved by the court. It’s vital to assess what subjects you and your spouse will need to cover to complete your divorce.
Property Division in an Oklahoma Divorce
Divorcing spouses in Oklahoma will be required to divide their marital property under the equitable division rule. Each spouse will be allowed to keep their respective separate property, but they must be ready to show clear and convincing evidence that any such property they intend to claim indeed qualifies as their separate property. This may include anything they owned prior to marriage, gifts given to them, and inheritance from other family members.
Marital property, on the other hand, can include anything either spouse earned or acquired during their marriage or assets purchased using marital assets. Marital property can also apply to debts incurred during the marriage. If you have concerns about being responsible for your spouse’s debts, it is important to gather documentation proving any such debts are their sole responsibility or incurred without your knowledge or consent.
It is important to understand that under the equitable distribution rule, the court will aim for the fairest possible division of assets, but this does not necessarily mean a completely even division of property.
The court will assess various financial factors of each spouse, such as income, work history, separate property holdings, and age and medical status. It is possible for one spouse to receive a greater share of marital property if the court deems that this is the most equitable distribution of property.
Both spouses are likely to face certain restrictions from the court during their divorce proceedings. When the court resolves property division, they aim to keep the status quo throughout this process, so the court may prohibit the spouses from selling or distributing marital property, taking out new loans, or making major nonessential purchases.
If you have concerns about your spouse wasting marital assets, or if you believe they have not completed a full financial disclosure, consult your attorney immediately.
Resolving Child Custody and Child Support
When a divorcing couple has children, the child custody determination is likely to be the most difficult and contentious aspect of their divorce proceedings. This is not an issue the couple can negotiate privately; the Canadian County court has a legal duty to ensure that any custody order the court approves suits the children’s best interests. Both parents may need to compromise and accept the court’s ruling.
Custody determinations address two types of custody — one legal and on physical. Legal custody confers the ability to make important decisions for a child regarding medical care, education, and religious instruction. Physical custody determines where the child lives and how they will spend time with their parents.
Generally, the Canadian County court will seek to arrange joint custody to ensure a child has equal access to both parents. As long as both parents are deemed fit for parental responsibility, they will likely share legal custody of their child. This means they must consult each other about any and all major decisions for their child. When it comes to physical custody, the court will seek to arrange this in a manner that causes minimal disruption to the child’s life.
When ruling on child custody in a divorce case, the court must assess several factors concerning each of the parents, including:
· The fitness of each parent to handle parental responsibilities. The court will assess each parent’s overall health and medical condition, age, and any disabilities they may have that could diminish their ability to take care of their child’s needs on a daily basis.
· Any criminal history. If a parent has a criminal history that involves domestic violence, child abuse of any kind, or a violent felony, the court is unlikely to grant them any significant custody rights.
· The income and living arrangements of each parent. The court will also resolve financial support obligations for the child, and physical custody can only be granted to a parent who can provide a safe and stable living space for the child.
· The child’s preferences, if the child is old enough to convey them to the court. The judge overseeing the case will want to listen to what the child would prefer when it comes to physical custody, as well as the child’s description of their bond with each parent.
· The child’s unique needs. The court must assess any medical, developmental, or psychological needs as well as disabilities in determining what kind of custody would suit the child best.
Every family has different dynamics, and the court has a legal duty to ensure that any custody order the court enters will help a child thrive as much as possible. Generally, the court will seek to arrange joint custody between the parents whenever this is feasible based on the parents’ respective fitness to handle parental responsibility and manage physical custody.
In most joint custody agreements, parents will share legal custody, so they will need to collaborate and consult one another on all major decisions for their child.
However, physical custody may be unevenly split between the parents based on their living arrangements, work schedules, and general availability to handle their child’s day-to-day needs. Joint physical custody can be arranged in various ways, such as alternating weeks or split weeks with alternating weekends.
Every child custody order issued by the Canadian County court will be accompanied by a child support order. The court must ensure that the child receives appropriate financial support from both parents, meaning there will be an assessment of the total support the child must receive each month, and each parent will be required to contribute an equal share.
However, if the child spends more time with one parent, the court will interpret this as that parent assuming a greater share of the financial burden of raising the child, and the other parent will be required to make child support payments.
Spousal Maintenance in an Oklahoma Divorce
Spousal maintenance, also called alimony or spousal support, is financial support provided by one spouse to the other when the recipient has been financially dependent on the other spouse during their marriage and/or the circumstances of the marriage resulted in the recipient being unable to earn income due to keeping the family home and/or raising the couple’s children.
Oklahoma’s system for determining whether spousal maintenance comes into play in divorce is based on whether there is a clear need for financial support and whether the paying spouse can meet this need without facing undue hardship. The amount paid generally depends on the difference in income between the spouses, and the length of time that payments must continue will generally depend on how long the marriage lasted.
Spousal support will terminate with the death of the recipient or when they remarry. However, there are rare cases in which recipients may petition the court for spousal maintenance to continue following remarriage, but they must be prepared to show there is still a clear need for financial support.
Prenuptial Contracts in a Canadian County Divorce
Some marrying couples draft prenuptial contracts that outline each of their financial responsibilities. These contracts, when created correctly, can show each spouse’s separate property ownership rights to eliminate any confusion or room for dispute if the couple later decides to divorce. However, the couple will need to periodically revisit their prenuptial contract as their life changes to ensure it remains legally enforceable.
It’s important to remember, however, that a prenuptial contract cannot dictate any terms regarding child custody or child support. The contract also may not include any stipulations regarding responsibility for housekeeping chores or any unconscionable or unreasonable terms and conditions.
If you have questions about creating a prenup or whether an existing prenup could be used in an upcoming divorce, consult an experienced Canadian County divorce attorney.
Changing Your Divorce Order in Canadian County
The divorce process may be long and difficult, and when you finally obtain your divorce order it can come with a sense of closure and relief. However, it is important to understand that you may need to revisit this order in the Canadian County court at a later date.
If your divorce order contains any terms for financial agreements between you and your ex-spouse, such as child support or spousal support, any significant financial changes in either of your lives could form the basis for a modification. It is also possible to seek adjustments to a custody order if your child’s needs change.
The modification process requires submitting a petition to the family court explaining the changes you are seeking and your reasoning behind seeking this change. If you are asking for a change to your custody order, you must be prepared to show that the proposed change would suit your child’s best interests more closely than the current terms of the order.
If you are seeking a change to child support or spousal support, you must show proof that your financial circumstances have changed due to forces beyond your control.
Find Legal Counsel You Can Trust in Canadian County
Ultimately, a divorce can be a life-changing experience in many ways. The outcome of your case may continue to affect your life and the lives of your children for many years, and it is natural to have difficult legal questions about this process that you will not be able to answer on your own. The right Canadian County divorce attorney will be an invaluable asset to have on your side during this challenging process.The team at Cannon & Associates excels at resolving difficult family court cases, and we have successfully helped many past clients navigate their divorce cases efficiently. When you hire our firm for your divorce, there will be a dedicated, responsive advocate ready to help you in every phase of the case. Get in touch with Cannon & Associates today to set up a free case strategy session with a Canadian County divorce attorney to learn about all the legal services we offer.
