FAQ: Military Divorce
Divorce in Oklahoma is especially complex when military members are party to a divorce. This page is intended to answer some of the most common questions clients ask or should ask when facing an Oklahoma military divorce. Contact CANNON & ASSOCIATES for a free consultation and more information on the process of obtaining a military divorce in Oklahoma. John Cannon, owner of CANNON & ASSOCIATES, is a currently serving Judge Advocate in the Oklahoma National Guard and an experienced Oklahoma military divorce attorney.
Alternatives to Military Divorce
Military Divorce Process
First and foremost, every attorney is bound by ethical rules and has the duty to do the following:
– keep your information confidential;
– Advise you based on Oklahoma law and their experience;
– Follow your decisions concerning major issues in your divorce;
– Give honest and intelligent legal advice on all aspects of your case, including the chance for success or failure on any issue; and
– promptly respond to requests for information
Speak to each Oklahoma divorce attorney you consider hiring and find out their retainer and their hourly fee. Additionally, what billing increments do they use? Our firm bills in one-tenths (1/10) of an hour; however, some attorney bill in one-fourth (1/4) of an hour, which some attorneys will bill you for fifteen minutes, even if you only spent two minutes on the phone with your divorce attorney.
However, the SCRA does not protect against criminal prosecution for failure to pay child support. Additionally, the SCRA does not delay proceedings indefinitely. In a 2019 decision the Oklahoma Supreme Court, in Kohler v. Chambers, 2019 OK 2, 435 P.3d 109 (Okla. 2019), held
the service qualifying for SCRA protection was strictly limited. It is important to speak to a qualified Oklahoma military divorce attorney to discuss, if your service will affords you an SCRA stay or not.
Discovery is an important tool that a skilled military divorce attorney can use to your benefit. The primary tools in discovery are interrogatories (questions to the other party); requests for admissions; requests for production (documents and other tangible evidence); and depositions (questioning the other party under oath).
Benefits after a Military Divorce
Months of overlap of marriage and service
Total months of service
X 100 = %
Child Custody in Military Divorce
Post military divorce rights
Former spouses meeting the 20/20/15 rule meet the same criteria; however, the period of overlap is less than 20 years, but greater than 15 years. These former spouses may be entitled to full medical benefits, but should consult with an experienced Oklahoma military divorce attorney.
Experience matters when you are facing divorce or child custody issues in Oklahoma. It is important to know the Oklahoma military divorce attorney you hire is dedicated to your cause and versed in military and Oklahoma divorce law. John Cannon, owner of CANNON & ASSOCIATES, is a currently serving Judge Advocate in the Oklahoma National Guard and an experienced Oklahoma military divorce attorney. He will personally represent you during your Oklahoma divorce case.
Additionally, John Cannon has an outstanding record of reaching the best possible outcome for hundreds of clients, evidenced by receiving the highest possible AVVO rating – 10 (superb). Contact CANNON & ASSOCIATES, PLLC to protect your rights and Fight for you in your Oklahoma divorce or custody case. You may send an email inquiry, complete the contact form on our website, or call at 405-657-2323 for a free confidential consultation.
Contact CANNON & ASSOCIATES today if you have been charged with DUI, AP, Aggravated DUI, DWI, or DUI under 21 in Oklahoma. CANNON & ASSOCIATES has an outstanding record of reaching the best possible outcome for hundreds of clients accused of the wide variety of criminal charges in Oklahoma, including DUI, evidenced by John receiving the highest possible AVVO rating – 10 (superb). Call our office at (405) 657-2323 for a free confidential consultation and case evaluation.