Norman Divorce Attorney

Divorce is a complex and life-changing process that will unfold differently for every couple that undergoes the process. Whether you and your spouse have mutually decided to end your marriage or one of you has decided you no longer wish to be married, it is important to understand what divorce entails in Oklahoma and the value of working with an experienced Norman divorce attorney.

The team at Cannon & Associates is ready to provide the legal support you need in this situation.

Starting the Divorce Process in Norman

In Oklahoma, it is possible to file for a no-fault divorce on the grounds of incompatibility or irreconcilable differences. It is also possible for a spouse to file for fault-based divorce if the other spouse has directly caused the breakdown of their marriage in some way.

The most commonly cited causes for fault-based divorce in Oklahoma include adultery, abuse, abandonment, incurable mental illness lasting five or more years, fraud, or conviction of a felony.

Once a spouse has filed a divorce petition, divorce papers are served to the respondent, and they will have the opportunity to enter their answer to the court. Most divorces begin in a contested state in which the couple disagrees about certain elements of their divorce, and the goal of divorce proceedings is to move the case to an uncontested state with mutually acceptable provisions for each spouse.

Oklahoma law requires that at least one of the spouses must be an Oklahoma resident in good standing for at least six months prior to their petition for divorce. If the couple is filing a no-fault divorce but they have children together, the court will not finalize the divorce until at least 90 days after the respondent has received divorce papers. There are also additional rules for each spouse following the finalization of their divorce.

If a spouse begins cohabitating with a new partner within 30 days of divorce, they can be considered guilty of adultery. While not illegal, this could influence the outcome of their divorce case. Alternatively, if a spouse remarries within six months of divorce, they may be found guilty of bigamy. Oklahoma enforces unique divorce laws compared to most other states, so it is vital that you know what to expect when it comes to navigating your divorce proceedings.

Critical Elements of a Divorce Case in Norman

Divorce is more than just ending your marriage. Oklahoma law requires divorcing spouses to address several important issues before their divorce can be finalized. While it is possible for the couple to enter a joint petition for an uncontested divorce, the court will still need to review and approve their terms before a finalized divorce order may be entered. In most cases, the couple will need to work out several issues before they can secure a finalized divorce order.

Marital Property Division in Oklahoma

One of the most difficult aspects of most divorce cases is property division. Oklahoma follows the equitable division rule, meaning all marital property must be divided between the divorcing spouses as fairly as possible. Each spouse will have the right to claim separate property, but they must be prepared to show clear and convincing evidence that any separate property they claim is indeed their own personal property and does not qualify as marital property.

Generally, all assets and debts acquired during a marriage are the shared marital property of the spouses. This can include income earned by both spouses, investment accounts either spouse opened, real property purchased together during the marriage, and any debts the couple acquired while married.

When the court resolves marital property division under the equitable distribution rule, the court will look at each spouse’s separate property, their incomes, and each spouse’s job prospects and ability to work and earn income. If one spouse has been financially dependent on the other, this may entitle them to a greater share of marital property under the equitable distribution rule in the eyes of the court.

Divorcing spouses must remember that division of marital property also means division of liability for the couple’s shared debts. You may not want to be responsible for debts that your spouse brought into the marriage or acquired without your knowledge or consent. These can be very contentious issues that will be difficult to resolve, but your attorney can help you understand your options for resolving these matters as amicably as possible.

When the court resolves property division in divorce, they do so using the current status quo as a reference, and the court is likely to place certain restrictions on both spouses for the purposes of ensuring that property division is as fair as possible. For example, the court will likely prohibit either spouse from selling or distributing assets or from acquiring new debts during their divorce proceedings.

If you have any reason to suspect that your spouse has hidden assets and has not been truthful in their financial disclosure, or if they have intentionally wasted marital assets for any reason, you must bring these issues to the attention of your Norman divorce attorney as soon as possible. If any malfeasance is discovered, your spouse can face severe penalties from the court, and you may even have grounds to seek compensation for any increased legal expenses you incurred.

Child Custody and Child Support in Divorce

Perhaps the most contentious issue you will face in your divorce in Norman is resolving child custody. If you and your spouse have children together, the court has a legal duty to resolve child custody in whatever way they believe will better suit your child’s best interests. Your Norman divorce attorney can review the details of your situation and do everything they can to help you secure the custody arrangement you hope to see.

There are two main aspects to every custody decision in Norman. First is legal custody, or the right to make major decisions for a child. Second is physical custody, which determines the child’s residence and where they spend their time.

Generally, the court will aim to divide custody evenly between the parents as long as they deem both parents capable of handling this responsibility and that such an arrangement would suit the best interests of the child. In making this decision, the court will review several important factors, including:

·  Each parent’s capability to handle custody. The court will want to see that a parent has the ability to handle their child’s daily schedule and provide a safe environment for their child. Parents must demonstrate that they are focused on their child’s best interests.

·  The preferences of the child. If a child is old enough to articulate their preferences to the court, the court will take what they have to say very seriously. The court will want to hear where the child would prefer to live and what type of bond they have with each parent.

·  Each parent’s living situation. If a parent is seeking physical custody, they must show that they have space for their child and can handle daily travel to and from school as well as to doctors’ appointments. Joint custody arrangements are generally more manageable when the divorced parents live close to one another.

·  The age, mental health, and medical conditions of each parent. A parent may not qualify for physical custody if they have medical issues that prevent them from handling the responsibilities that come with physical custody, but such issues may not prevent them from having a say in important decisions for their child and sharing legal custody.

·  The background of each parent. The court will scrutinize any criminal history of either parent, especially if it includes any type of violent crime, child abuse, or domestic violence. If a parent has any such record, it will be unlikely for the court to grant them much in the way of custody rights.

·  The child’s individual needs. If a child has special needs or requires certain types of medical care, developmental support, or other unique care, parents must be capable of addressing these needs on a consistent basis.

After the court reviews all relevant factors, custody may be granted to just one parent or divided between the parents. In most cases, legal custody is shared as long as both parents are deemed fit by the court. This means that each parent has a responsibility to consult the other parent before making any important decisions for their child.

When it comes to physical custody, the court will typically aim to disrupt the child’s everyday life as little as possible. If their parents live close enough to one another, it is possible for physical custody to be split on an alternating week basis, split weeks and alternating weekends, or for a more specific custody schedule.

Parents may equally share legal custody but have an uneven distribution of physical custody based on their respective schedules and their children’s needs.

Every child custody order issued in Norman will be accompanied by a child support order. This is to ensure the child has appropriate financial support from both of their parents. In most cases, one parent will pay child support to the other. This could be settled on the basis of one parent assuming a greater share of physical custody responsibility and/or the income difference between the parents.

Spousal Support or Alimony

Oklahoma’s standard for determining whether spousal support or alimony will come into play in divorce is whether the conditions of the marriage caused a financial need to arise and whether it is possible for one spouse to manage payments to the other.

For example, if one spouse kept the home and raised the couple’s children during marriage, they may have been financially dependent on the other spouse and will need financial support in order to acclimate to living on their own after divorce.

The amount to be paid will generally depend on the recipient’s level of need and the income difference between the spouses. The time these payments will continue usually depends on how long the marriage lasted, but payments will terminate if the recipient dies or remarries. It is possible in some cases for recipients to petition for extensions or even to qualify for continued payments after remarrying if they can prove a legitimate need for support persists.

Prenuptial Contracts for Divorce

Some couples draft prenuptial contracts for additional financial security in marriage. These contracts exist to clearly outline each spouse’s separate property ownership rights and their respective responsibilities for debts. This type of contract can serve to streamline property division proceedings in divorce as long as it has been created correctly and is legally enforceable.

There are limits, however, to what a prenuptial contract may include in Oklahoma. For example, a prenup cannot include any terms or conditions related to child custody or child support, nor can it stipulate which spouse is responsible for household chores.

An experienced attorney can provide valuable guidance in creating a legally enforceable prenuptial contract, and if you have such a contract, your Norman divorce lawyer can ensure it is implemented correctly into your divorce proceedings.

Modifications to Family Court Orders in Norman

It is possible that you and your ex will need to revisit your divorce order in some capacity in the future due to unpredictable life events. For example, if you are required to pay alimony and/or child support but you lose your job due to an injury, you can petition the court to address this and adjust your financial obligations accordingly.

It’s possible to seek a modification to a child custody order if your child’s needs change or if a custodial parent’s capacity to handle custody has changed. When a party submits a petition for modification, the court will set a hearing date, and all parties involved will have the chance to present arguments and evidence. If the court approves a modification, the changes are typically implemented immediately.

Find Legal Counsel You Can Trust for Your Divorce in Norman

Divorce may be one of the most difficult experiences of your life, and the outcome of your divorce can influence your life in many ways. It’s important to have a legal advocate you can trust on your side for these proceedings, and the team at Cannon & Associates is confident in our ability to assist you. Contact us today to schedule a free case strategy session with a Norman divorce lawyer and learn how we can assist you in resolving your divorce.