Divorce Myths & Oklahoma Law

The A&M TeamDivorce

You’ve probably heard a lot facts and statistics about divorce. If you’re facing a separation, you might wonder if these “facts” are based on reality or speculation. The Oklahoma divorce attorneys at Atkins & Markoff have extensive experience handling divorce and family law cases. Let them use this knowledge to answer your questions. In this blog, you can learn about common divorce myths from the perspective of a seasoned legal advocate.

“We’ve lived together for six months, so we have a common law marriage.”
This is false. Living together, sharing a grocery bill, and acting like a married couple doesn’t always mean that you have a common law marriage. While these factors could help you prove a common law marriage, they do not independently hold any legal value.

“We’re getting a divorce, but I’ll lose the house if I move out first.”
This is not always true. While the actions of one spouse may contribute to the court’s property distribution ruling, simply “moving out” is not a good reason for the court to give the marital home to your soon-to-be ex. This is especially true for abusive marriage relationships.

“If we divorce, my spouse will never let me see our children.”
Parents can lose custody and visitation, but these instances are not common. In fact, your spouse has little say over your custody / visitation agreement; the court will decide your visitation and custody agreement. The court will only prevent a parent from seeing his / her children if the parent is a threat to the safety or well-being of the child.

“Divorce is too expensive; I could never afford it.”
Divorce can be expensive, but it doesn’t have to be unaffordable. Generally speaking, complex divorces are more expensive than uncontested separations. If you are concerned about the cost of a divorce, ask our family law attorneys about your legal options through mediation. Compared to a litigated divorce, mediation can save time and money.

“If I file for a divorce, I will lose all of my personal belongings.” The state of Oklahoma is an equitable distribution state; all marital property will be divided according to the just and reasonable discretion of the court. In other words, the court will seek a fair property division agreement. A family law attorney can help you negotiate a property division settlement.
Need a divorce lawyer in Oklahoma?

If you need a family law attorney in Oklahoma, Atkins & Markoff can help you obtain a fair settlement. We are well-versed in divorce, child custody, common law marriage, and asset division issues. If you are a father seeking parental rights, we can help; if you want to change your divorce agreement through a modification, our firm is the place to turn. Call our office today to learn more about your legal rights and options with our team.