Edmond Divorce Attorney
Ending a marriage is often a more complex process than the average person realizes. Divorce, also known as dissolution, requires addressing multiple issues, including the couple’s property ownership rights as well as custody and support for their children. If you have been served divorce papers or plan to end your marriage, the Edmond divorce attorneys at Cannon & Associates can provide comprehensive legal support during these difficult proceedings.
Filing for Divorce in Edmond
Oklahoma law enforces strict rules for filing for divorce, and the state is one of the few remaining states that recognize fault-based divorce. While most divorces function on a no-fault basis and are entered simply for the reason of “irreconcilable differences,” it is possible for a married spouse in Edmond to seek divorce on specific grounds.
If the other spouse has directly caused the breakdown of their marriage through adultery, abuse, abandonment, fraud, or committing a felony, this can form the basis for a fault-based divorce and will carry several implications for the spouse at fault. Additionally, both spouses will be expected to follow certain behavioral guidelines as their divorce unfolds and even after the final divorce order is entered.
The Edmond Family Court will not grant a divorce unless one of the divorcing spouses has been a resident of Oklahoma for at least six months. In a no-fault divorce with children, the court cannot finalize the divorce until at least 90 days have passed since the respondent has been served with divorce papers.
Additionally, if a spouse remarries within six months of their finalized divorce, they could be charged with bigamy, and if they begin to cohabitate with another partner within 30 days, they can be considered guilty of adultery. While this is not a crime, it can influence the final outcome of their divorce.
Important Elements of Divorce in Oklahoma
Ending a marriage in Edmond will require addressing several issues, some of which can be difficult and time-consuming to resolve. The couple must divide their marital property according to Oklahoma’s equitable division law, resolve custody and child support for the children they have together, and they may face additional issues such as spousal maintenance. While some of these issues may be negotiated, others will need to be resolved by the court.
Property Division
Oklahoma is an equitable division state when it comes to marital property in divorce. This means that all property the couple acquired during their marriage will likely be subject to equitable division, and the court will seek the fairest possible division of marital assets as well as liability for debts. This does not mean, however, that marital assets and debts will be entirely evenly divided.
Each spouse will have the right to claim separate property, such as property they owned prior to their marriage, gifts that have been given only to them, and inheritance received from other blood relatives. Each spouse will need to assert their separate property ownership claims with clear and convincing evidence.
Marital property will be divided between the spouses based on multiple factors, such as each spouse’s separate property, income, and job prospects. If one spouse earns significantly more income than the other, the other spouse may receive a greater share of marital property in an effort to make up this difference under the equitable distribution law.
It is important to remember that division of marital property also means division of liability for shared debts. If you do not wish to be responsible for debts your spouse incurred on their own, it will be necessary to prove that those debts are their own responsibility.
However, if they were acquired during the marriage and not something your spouse brought into the marriage, they are likely to qualify as marital property. Your attorney can clarify any such disputes that might arise in your case.
When a couple divorces, the court will likely issue specific instructions pertaining to the couple’s property during their divorce. For example, the court may prohibit either spouse from taking out any new loans or applying for new credit cards.
The court may also prohibit either spouse from making any major purchases, selling marital assets, or distributing assets to friends and family. The court aims to maintain the status quo when it comes to the spouses’ respective finances during divorce.
If you believe your spouse has intentionally wasted marital assets and hidden assets or failed to complete a proper financial disclosure in any way, your Edmond divorce lawyer will know how to address these issues and bring them to the court’s attention.
Child Custody and Child Support
If you and your spouse have children together, resolving child custody and child support could be the most contentious aspect of your divorce case. It’s natural for both parents to want as much custody as possible, but the court has a legal duty to ensure that any custody order the court enters will suit the best interests of the child or children it will affect.
There are two main elements of child custody in Oklahoma: legal custody, or the ability to make important decisions for a child, and physical custody, which determines where the child lives and spends their time. The court will look at several factors in deciding custody, including:
· Each parent’s overall fitness to handle parental responsibilities. Parents seeking custody must demonstrate that they are focused on their child’s best interests and are capable of handling all of their everyday needs.
· The child’s preferences, if they are capable of conveying them to the court. The court will want to hear the child’s own words when it comes to the bonds they have with each parent and what type of living arrangement they would prefer the most.
· Each parent’s living arrangements and ability to handle their child’s daily schedule. A parent seeking physical custody must have room for the child at their home, and they must be able to handle travel for the child to and from school, doctors’ appointments, and other needs.
· The age, medical status, and mental health of each parent. Parents must demonstrate competency and capability to handle their children’s needs on a consistent basis. If they have medical issues that prevent them from doing so, they may need to accept limited custody.
· Whether either parent has any type of criminal record, especially one involving any type of child abuse or domestic violence. Any parent with such a record is unlikely to secure much in the way of custody rights beyond visitation, which the court will likely require to be supervised.
· Whether either spouse has a history of drug or alcohol abuse. Any parent with such a history will need to show proof of long-term rehabilitation before the court is likely to grant them custody rights.
· The child’s unique needs in terms of medical treatment, developmental support, or any special needs the child may have.
Custody could be awarded to one parent if the other parent is deemed unfit for parental responsibilities or if they are not medically capable of handling custody. It’s more common for the court to seek joint custody arrangements whenever possible.
The parents will share legal custody, requiring them to consult one another before making any important decisions for their child, and physical custody will be arranged based on whatever will be minimally disruptive to the child’s day-to-day life.
A child support determination will accompany a custody order outlining each of the parent’s financial responsibilities to their child. In almost all cases, one parent will end up paying child support to the other. This determination will typically hinge on the total support the child needs from both parents combined, the level of physical custody granted to each parent, and the income difference between the parents.
Spousal Maintenance
Oklahoma has a specific formula in place to address spousal maintenance or alimony. If the circumstances of the marriage create a financial need, then alimony is appropriate. For example, if one of the spouses gave up their career to care for the couple’s children and maintain the home, this means they were likely financially dependent on the other spouse.
When spousal maintenance is awarded in an Oklahoma divorce, the amount paid and the time that these payments will continue will be based on the recipient’s needs and the length that the marriage lasted. Alimony payments will terminate if the recipient dies or remarries.
Prenuptial Agreements for Oklahoma Divorce
Many couples throughout Oklahoma draw up prenuptial agreements for financial security in marriage. The purpose of this type of contract is to clearly establish property ownership rights during the marriage, outlining each spouse’s separate property and what assets and liabilities they share during marriage.
This type of contract, as long as it is legally enforceable and created properly, can serve to eliminate confusion and reduce the chance for disputes when it comes to resolving property division and spousal maintenance in divorce.
A prenuptial contract cannot, however, include any terms and conditions pertaining to child custody or child support, nor can it set behavioral expectations for either spouse during their marriage. For example, a prenuptial contract cannot stipulate who is responsible for household chores or which spouse gets to choose where the family takes their vacations.
Modifying a Family Court Order in Edmond
It is important to remember that when the court issues an order pertaining to child custody, child support, or spousal support, that order was made using the conditions present at the time the order was entered. Life can be unpredictable and may present sudden, unexpected changes, and when these changes occur, they may render the current terms of a family court order untenable.
It is possible to petition the Edmond family court to modify an existing family court order if you have reasonable grounds to seek such a change. When it comes to altering a custody order, you will need to show that your proposed change suits the best interests of the child or children the modification will affect.
When a party enters a petition for modification, a hearing is scheduled, and all parties involved will have the opportunity to enter arguments and evidence before a judge. If a modification is approved, it will usually be implemented with immediate effect.
How Your Edmond Divorce Attorney Can Help
It is possible that you and your spouse have reached a mutual decision to end your marriage or that one of you has decided you no longer wish to be married. In any case, divorce is a challenging experience, and it is common for those entering this process to confront issues they do not know how to resolve on their own.
The consequences of divorce can be significant and impact your life in many ways for years to come, so it is important that you are properly prepared to face these proceedings.
Having an experienced Edmond divorce attorney representing you allows you to approach this difficult situation with more peace of mind. You will have a dedicated legal advocate ready to answer any questions that arise, prepare all of the documentation you will need to complete the divorce process and prepare you for each new phase of your case.
One of the most important aspects of the divorce process is gathering all of the financial records you will need to produce for the court. These records will be crucial not only for property division but also for resolving child support and/or spousal support. The average person may struggle when it comes to determining what records they need, but your attorney can provide valuable guidance and assist you in compiling all of your financial records for disclosure.
In the event you must later revisit your family court order to adjust the terms of child custody and/or child support, an experienced attorney will be a helpful asset in this situation as well. When you secure legal counsel, you can trust and build a strong rapport with your attorney. You will be able to rely on them again in the future should you need further assistance with your family court order.
Find Your Legal Team in Edmond Today
The Edmond divorce attorneys at Cannon & Associates have years of proven experience helping our clients navigate the difficult divorce process with confidence. We know that your situation is emotionally challenging, and you are likely to have many pressing legal questions you cannot answer for yourself.The right legal team will be an invaluable asset in this situation. We offer free case strategy sessions to prospective new clients. If you are unsure whether our team is the right fit to represent you in your divorce, contact us today to schedule a consultation with an Edmond divorce lawyer and learn how we can assist you.
