If you are considering filing for a divorce, it is important that you understand what lies ahead. When filing for divorce in Oklahoma, there are a handful of considerations that you should be aware of. Please keep in mind that the questions and answers listed below are general and that your specific situation may carry additional requirements. This is why we encourage you to contact a divorce attorney from Atkins & Markoff if you and your spouse are thinking about divorce. In doing so, we will be able to go over your case with you in detail and help you determine whether or not this is the right move for you. For many, a legal separation is often a better choice than divorce. If you have children with your spouse, there are extra considerations that you should be aware about. The divorce attorneys at Atkins & Markoff understand what a big decision divorce is and are here to answer any questions you may have about the process. Below you will find some of the most frequently asked questions about filing for divorce in Oklahoma.
Q: Is there a waiting period involved between when you file for a divorce and when it is actually finalized?
A: The short answer is yes. In Oklahoma – as in many other states – there is a 90-day waiting period when minor children are involved. This is true even if the divorce is uncontested. On November 1, 2014, a new law went into effect that requires both parents to attend a court-approved class about children and divorce before the divorce can become official.
Q: What happens if we decided to reconcile and want to stop the divorce process?
A: If you and your spouse have changed your minds and decide you no longer want a divorce after the papers have been filed, your Oklahoma divorce attorney will need to request a dismissal from the county clerk.
Q: How will our assets be divided?
A: According to Oklahoma law, all marital assets are equitably divided. Keep in mind that this does not necessarily mean that they are equally divided. When divvying up the assets, the judge may take into consideration projected future earnings of both spouses, as well as how much debt each party has and so on.
Q: How does joint custody work?
A: In Oklahoma, joint custody does not necessarily mean that each parent will have equal time with the children. In fact, joint custody means that the divorcing parents will share parental rights and duties, but not necessarily equal time.
Q: How does child support work?
A: Per Oklahoma law, both parents are required to provide financial support for any children involved. Oklahoma actually uses a formula that works by combining the gross income of both parents, then calculates child support based on this combined income. Keep in mind that several factors may be considered in the child support calculation, such as court ordered child support paid for previously born children, work or school daycare, and gross income for any other sources. In most cases, child support payments are retroactive to the day of filing, even if the judge did not order child support at this time.
These are just a couple of the most commonly asked questions our Oklahoma divorce attorneys get about filing for divorce in the state. If you have any additional questions or would like to set up a free consultation with one of our lawyers, please contact Atkins & Markoff today.