Oklahoma City divorce attorney Victoria A. Carrasco was drawn to family law because it has tremendous meaning and purpose.
“Family law attorneys are in a unique position to make a difference, to have a positive impact on the most important part of clients’ lives — family — at a very difficult time in their lives,” Ms. Carrasco said. “Family law proceedings have the potential to profoundly affect relationships and what we do can have long-lasting consequences.”
Ms. Carrasco is confident in her outside-the-box thinking, which helps her craft solutions many of her clients never realized were possible. Each of her clients has their own unique set of goals, objectives, and concerns. Her well-rounded education and experience tailors her creativity to suit every client’s situation.
Cordell & Cordell Oklahoma divorce lawyers provide answers to frequently asked questions with regards to divorce in Oklahoma.
What are the grounds for divorce in Oklahoma?
A divorce in Oklahoma may be granted on the basis of adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others. However, the vast majority of divorces are granted on a no-fault basis, meaning that the marriage is beyond any reasonable hope of reconciliation.
What is a divorce going to cost me? Can I afford it?
Each case is different and cost varies depending on the circumstances involved in each matter.
Do I really need to hire an attorney?
You probably need to hire an attorney unless your divorce is amicable. If your case involves minor children an attorney is necessary to ensure that your custody and visitation rights are properly established.
Does Oklahoma grant divorces based on marital fault?
Oklahoma does allow for a divorce to be sought and granted based upon the grounds of adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others. However, most divorces are granted on a no-fault basis.
Can I get maintenance or will I have to provide maintenance to my spouse?
Maintenance in Oklahoma is based upon two factors: the party seeking maintenance must prove that they have a demonstrated need for payment of maintenance to the court and the party they are seeking maintenance from must have the ability to pay.
Can I change my name at the time of divorce?
Oklahoma allows for an individual to be restored to their maiden name upon entry of the divorce decree.
Can I get an annulment in Oklahoma?
Yes. In Oklahoma an annulment can be granted under very limited and specific circumstances.
When can I file for divorce in Oklahoma?
A party can file for divorce in Oklahoma at any time.
When is my case going to be over?
Oklahoma imposes a 10-day waiting period before a divorce without minor children can be granted. Likewise, Oklahoma imposes a 90-day waiting period before a divorce with minor children can be granted. However, each case is unique and the time frame from beginning to end of any given case varies.
Do I have to go to court?
In Oklahoma, there are mandatory proceedings that a party must attend. However, not all cases go to trial nor do they have adversarial proceedings.
If attempts to serve my spouse do not work, what is my next step?
If you are unable to serve your spouse there are various remedies you can seek from the court, including service by publication.
At what point during the process can a spouse remarry or start dating?
A party in Oklahoma is restricted from remarrying within the state for a period of six months following the entry of the divorce decree. Oklahoma does not place restriction upon when a person can start dating.
What if my spouse does not want the divorce?
In Oklahoma, the courts may grant a divorce upon a single party petitioning the court regardless of whether the opposing party chooses to participate.
Do the other issues – child support, child custody, alimony, and property – have to be decided before the divorce is final?
In most instances, all issues are resolved prior to a final resolution being entered.
How long do I have to live in Oklahoma to obtain a divorce?
Oklahoma requires that you live within the state six months prior to the filing of the petition for divorce and reside within the county for a period of 30 days prior to the filing of the divorce petition.
After I file for divorce, do I have to continue to live in Oklahoma?
You may be restricted to living within the state if your case involves minor children unless a court grants you permission to relocate. If your case does not involve minor children, then you will be free to move outside of Oklahoma. However, you would still be subject to Oklahoma’s jurisdiction for purposes of your divorce proceeding.
What forms do I need to file for a divorce in Oklahoma?
In order to initiate a divorce a party must file a Petition for Dissolution of Marriage, a cover sheet, and in some instances a summons.
How and where is a divorce complaint filed?
A petition for divorce is filed in the county where either party has resided for the previous 30 days.
How do I serve the divorce complaint on my spouse?
A Petition for Divorce is served upon your spouse by a private process server, county sheriff, or by certified mail.
How is a divorce granted? Will I have to go to court?
A divorce is granted upon conclusion of a your case either by trial or by agreement. In most instances you will be have to go to court on at least one occasion.
How do I prove fault for divorce?
Fault is proved in Oklahoma by presenting evidence to establish that the opposing party has engaged in and/or committed adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, or others.
At any time can a parent change a minor child’s last name without the other parent’s permission?
No. A parent cannot change a minor child’s last name without express permission or leave of court.
Can a couple become legally married by living together as man and wife under the state’s laws (common law marriage)?
It depends. Oklahoma has certain requirements that must be met in order for a court to establish the existence of a common law marriage.
The Oklahoma discovery process in a divorce is the time where both sides have an opportunity to gather information from a third party. The focus is to obtain information in preparation for settlement or trial.
An Oklahoma divorce law outlines the scope of the information that can be requested.
“Parties may obtain discovery regarding any matter, not privileged, which is relevant to the subject matter involved in the pending action, whether it relates to the claim or defense of the party seeking discovery or to the claim or defense of any other party, including the existence, description, nature, custody, condition and location of any documents, electronically stored information or other tangible things and the identity and location of persons having knowledge of any discoverable matter. It is not a ground for objection that the information sought will be inadmissible at the trial if the information sought appears reasonably calculated to lead to the discovery of admissible evidence.” 12 O.S. § 3226 (B)(1)(a)
Types of Oklahoma Discovery
There are various methods of discovery that a party can utilize, though the following is a list of the most common methods:
1) Deposition upon oral examination;
2) Deposition upon written questions;
3) Interrogatories;
4) Requests for Production; and
5) Requests for Admission.
This article concerns the latter three options; depositions will be discussed in a separate article.
Interrogatories
Interrogatories are a set of written questions propounded by one party and required to be answered by the opposing party under oath within 30 days, except the Respondent does not have to respond any sooner than 45 days from the service of the petition and summons.
You are limited to 30 interrogatories per party in the case, unless a written stipulation is reached or the court authorizes. There is a statutory procedure for requesting additional interrogatories, and this procedure must be followed before the additional requests are made.
“No further interrogatories will be served unless authorized by the court. If counsel for a party believes that more than thirty interrogatories are necessary, he shall consult with opposing counsel promptly and attempt to reach a written stipulation as to a reasonable number of additional interrogatories. Counsel are expected to comply with this requirement in good faith. In the event a written stipulation cannot be agreed upon, the party seeking to submit such additional interrogatories shall file a motion with the court (1) showing that counsel have conferred in good faith but sincere attempts to resolve the issue have been unavailing, (2) showing reasons establishing good cause for their use, and (3) setting forth the proposed additional interrogatories.” 12 O.S. § 3233 (A)
Requests for Production
Requests for production of documents compel the opposing party to produce certain documents in his/her control. Like interrogatories, the response to this request must be provided within 30 days except the Respondent does not have to response any sooner than 45 days from the service of the petition and summons.
A party is also limited to 30 requests for production unless a specific procedure is followed, similar to what is required for requesting additional interrogatories.
If a party is requesting to inspect an item, that request has to meet the requirements of 12 O.S. § 3233 (B)(3) and the request:
a. Shall set forth and describe with reasonable particularity the items to be inspected either by individual item or by category;
b. Shall specify a reasonable time, place and manner of making the inspection and performing the related acts; and
c. May specify the form or forms in which electronically stored information is to be produced.
Requests for Admissions
Requests for Admissions are essentially true/false statements. Like Interrogatories and Requests for Production, there is a limit of 30 Requests for Admission, unless the court authorizes otherwise.
“The matter is admitted unless, within thirty (30) days after service of the request, or within such shorter or longer time as the court may allow, the party to whom the request is directed serves upon the party requesting the admission a written answer or objection addressed to the matter, signed by the party or by his attorney, but unless the court shortens the time, a defendant shall not be required to serve answers or objections before the expiration of forty-five (45) days after service of the summons and petition upon him.” 12 O.S. § 3236 (A)
The only proper answer to a Request for Admission is either:
1) Admit;
2) Deny; or
3) No answers because there is a valid objection.
Request for Admission are used to help narrow areas of dispute in a case.
Oklahoma Divorce Lawyer
If you are a man facing divorce in Oklahoma, please consult with a divorce lawyer in your jurisdiction to ensure your rights are protected.
Cordell & Cordell has offices and family law attorneys located in Oklahoma City and Tulsa and licensed to practice throughout the state should you seek additional information or possible legal representation.
Fathers’ rights in Oklahoma City are not immune from the state’s paternity laws that put dads at a disadvantage.
Similar to other states’ lack of fathers rights, dads rights in Oklahoma City are nonexistent if a child is born out of wedlock.
A dad has no legal rights to his child in terms of child custody or visitation without a court order whereas the mother is automatically given rights regarding custody and visitation.
Some have said dads’ rights in Oklahoma City are upheld by a statute that allows the court to include visitation provisions in a child support order if the court determines the noncustodial parent has been denied reasonable visitation.
Though this “fathers’ rights” law became effective more than 25 years ago, it is not known how often it is used because no cases have cited it to date.
The best course of action to ensure your rights as a dad are protected is to consult with the divorce lawyers for men at Cordell and Cordell – a partner men can count on.
Get help with dads’ rights in Oklahoma City, Oklahoma by arranging a meeting with a Cordell and Cordell mens’ divorce attorney, please call 1-866-DADS-LAW.
Dads’ Rights in Oklahoma City Resources | Oklahoma Fathers’ Rights Resources
Oklahoma child custody attorneys provide answers to frequently asked questions with regards to child custody in Oklahoma and Oklahoma divorce laws.
Who will get custody of our child?
Determination of custody of your minor children will depend on varying factors. Oklahoma courts specifically look at what will be in the best interests of the minor child.
What is joint custody? What is sole custody?
Joint custody is the term that defines a situation where both parents share in and make joint decisions regarding the upbringing of the minor child. Sole custody grants exclusive control over these decisions to a specific parent.
If both parents share custody does anyone pay child support?
Child support in Oklahoma is controlled by a statutory formula which takes into account the parties’ income and amount of expenses each party pays, such as health care costs.
It is possible that even though the parents share custody that one parent will still be obligated to pay child support depending on the specifics of each case.
Can a parent refuse to allow visitation if child support is not paid?
No. Oklahoma courts do not allow for visitation to be withheld regardless of the status of child support.
When can my child decide which parent to live with?
In Oklahoma, a minor child can express a preference as to where he or she chooses to live at the age of twelve (12).
Do grandparents have custody and visitation rights?
A court can grant visitation rights to a grandparent if it is deemed to be in the child’s best interest.
What is a parenting plan, and do I need one?
Oklahoma does not utilize a parenting plan. Oklahoma does implement a Joint Custody Plan if the parties’ are going to exercise joint custody of the minor child.
If my separation agreement includes custody/support can it be included in the divorce decree?
If your matter is transitioned into a divorce decree, the decree will incorporate all issues including custody and support.
What can I expect from temporary orders?
Temporary orders are put in place by the court to control during the pendency of a case. Temporary orders can be modified during the pendency of at the final outcome of a case.
When will child custody be decided?
Child custody can be decided at the time of a temporary order, at the time of trial, or at any other time agreed upon by the parties.
When can I modify custody?
Custody can only be modified upon a change in circumstances and a showing that such a modification is in the best interests of the minor child.
What if we cannot agree on a custody arrangement?
If the parties’ cannot agree upon a custody arrangement, then this matter is presented to a judge who will make a custodial determination.
What is an ex parte order?
An ex parte order is a temporary order entered by a judge with only one side being present and presenting evidence.
How is custody decided?
Custody is decided based upon what a judge believes to be in the best interests of the minor child.
How can I increase my chances at getting a larger custody agreement?
Custody agreements vary on a case-by-case basis. A party can increase their chances by being active participants in the lives of their children, including school, medical issues, and overall care.
What is visitation?
Visitation is the right of a parent to visit with their children, usually on a certain date and for a specific amount of time.
Can a judge order supervised visitation or no visitation?
A judge can order supervised visitation or no visitation if the judge deems it to be in the best interests of the minor children.
What should I know before a custody trial?
A custody trial involves many different aspects. Your attorney will prepare you for a trial based upon your individual circumstances.
Can I collect my own evidence to use if my custody case goes to court?
Any person can collect their own evidence. The use of that evidence is subject to the Oklahoma Evidence Code.
Do I need to use a Guardian ad Litem/Custody Evaluator?
A Guardian ad Litem or Custody Evaluator is not mandatory, however, the use of one can be helpful to the court in making its custody determination.
Will my child need to appear in court?
In most instances a child does not need to appear in court. A minor child may be called to testify if they are expressing a preference as to what parent they want to reside with.
What is the Parental Kidnapping Prevention Act?
The Parental Kidnapping Prevention Act establishes standards each state must comply with in determining custody matters.
What if my wife tries to move the kids out state?
Your wife and children will be subject to, and will have to comply with, the jurisdictional requirements and relocation provisions set forth in the Oklahoma Statutes.
Can a parent change the child’s last name without the other parent’s permission?
There are only limited circumstances in which a child’s last name can be changed without the consent of the other parent.
If I have custody, will I receive child support?
Custody is not the only factor in calculating child support. The amount of court-ordered child support also takes into account the income of the parties’ and what the court deems to be in the best interests of the minor child.
Take some time to go through our Oklahoma divorce and child custody articles. Understanding the divorce process in Oklahoma can help you communicate effectively with your divorce lawyer, and this can greatly assist you as you navigate the challenges of Oklahoma family court.
The Oklahoma divorce process consists of several important steps you should keep in mind throughout the endeavor.
The Petition for Dissolution of Marriage
The first step in the divorce process is filing a Petition for Dissolution of Marriage in the Oklahoma county you live. You must serve your spouse this form in person. Mailing this form is not considered good service for serving the initial Petition for Dissolution of Marriage upon the other party. If the opposing party cannot be located for service, Oklahoma allows the Petition to be served by publication in the local newspaper.
Discovery
The discovery process is only applicable in divorces where you and your spouse disagree about the terms. During discovery, you, your spouse, and your attorneys will pursue several different activities relevant to the divorce, including the following:
Exchange information regarding taxes, health care, bank accounts, credit card statements, and more.
Ask relevant questions and answer questions asked of you.
Keep in mind that it is most beneficial to answer any questions asked of you in a timely manner to keep costs down and minimize the length of the overall process.
Settlement Negotiations
After discovery, you and your spouse will sit down to see if you can come to an agreement. A neutral mediator may be needed if the situation between you two is particularly volatile. If you can come to an agreement, you are free to file a divorce settlement agreement. Without an agreement, however, you will have to proceed to court hearings.
Court Hearings
Both you and your spouse will have the opportunity to argue for your side in front of a judge. This will include providing evidence of fault if you are pursuing a fault-based divorce. These court hearings are primarily to determine the solution for contested issues such as the following:
Property and debt division
Alimony
Child support
Child custody and visitation
Final Divorce Decree
At the conclusion of the court hearing and typically after a waiting period, the final divorce decree is issued, solidifying the terms of the divorce. Certain terms regarding child custody, child support and alimony can be modified in the future if circumstances change, but the final divorce decree signifies the official legal end to the marriage.
The divorce is initiated by filing a petition. The petition should be filed in the county court where one of the spouses has been a resident for 90 days. Also, at least one spouse must have lived in Oklahoma for at least six months.
There is a 90-day waiting period after the petition is filed before a divorce can be granted if there are minor children involved. If no children are involved, there is only a 10-day waiting period.
Grounds for Divorce in Oklahoma
A divorce in Oklahoma may be granted upon one of several grounds. The vast majority of divorces are granted on a no-fault basis, meaning that the marriage is beyond any reasonable hope of reconciliation. A divorce may also be granted for adultery, abandonment, fraud, cruelty, imprisonment, conviction of a felony, living apart, and others.
Oklahoma Property Division Process
In the divorce decree, the court must divide all the marital property. Marital property is all the property acquired during the marriage by the husband and wife. How property is titled is not determinative of its character.
Separate property is that owned before marriage or acquired by gift or inheritance before or during the marriage. The court cannot give the separate property of one spouse to the other spouse, except with the owner’s agreement. Therefore, the court must decide whether each item is marital or separate property.
Generally, property acquired and debts incurred during the separation but before the divorce is final are considered separate property. Unless proven otherwise, the court will presume that all property owned by the parties is marital property. No agreement by the parties and no court order in a divorce proceeding can affect the right of creditors to attempt collection from either party. However, a court can order one party to pay particular debts.
In deciding child custody and visitation, the court considers the child’s best interests. The court will consider such factors as:
Parental abilities;
Emotional and physical needs of the child;
The desires of the child;
Plans of the parents;
Stability of the homes; and
Acts or omissions of the parent.
In Oklahoma, custody has two components: legal custody and physical custody. Legal custody concerns the decision making authority for the child, while physical custody concerns the amount of time the child spends with each parent. Oklahoma calculates custody based upon which parent has more overnights with the child per calendar year.
Under a sole custody arrangement, one parent has the sole decision-making authority for the child and has physical custody of the child, while the other parent has visitation time with the child. Joint custody provides the parties share decision-making authority and time with the child.
Oklahoma follows the income-sharing approach when calculating child support based on the parties’ combined gross income. The law contains a child support guideline which is used to determine the amount of child support. Both parties will be responsible for payment of the child’s health insurance premium and daycare through the child support amount. Oklahoma has no child support cap.
Child support orders generally continue until the child reaches age 18 but can last longer under certain conditions. All court orders dealing with children from a divorce are modifiable if there is a material change in circumstances. The court in Oklahoma cannot order a parent to pay for college.
Oklahoma Spousal Support
In Oklahoma, there are two types of alimony: support alimony and property division alimony.
Support alimony is awarded to provide the receiving party with some level of financial assistance while they transition post-divorce. Support alimony can be paid as a lump sum or through installments. Support alimony may be modified based on a showing of a permanent, substantial change of circumstances.
Property division alimony is ordered in cases where the property is disproportionate. The property division alimony is paid to offset the difference and is not modifiable.
While some states have formulas on how to arrive at an alimony award, Oklahoma has a guideline. The person seeking alimony must prove (1) a need for alimony and (2) that the payor has the ability to pay. It is in the Court’s discretion as to the amount and duration of the alimony.
At Cordell & Cordell, we advocate for clients in the Oklahoma family court system. With an unrelenting commitment to aggressively representing you in court and compassion toward your case, we have offices in over 30 states across the country. Our Oklahoma-based divorce attorneys are knowledgeable about local law and can represent you confidently and with strength of experience in your divorce case. Take a look at what some of our previous clients had to say about our services.
“[My attorney] is the very definition of perfection! She helped me so much in so many different ways that I can’t count. She always made me feel like I was her only client. She responded with only information that I needed and responded in a timely manner. I don’t think I would have ever been treated this way if it was anyone else. […] If I ever (and I hope I don’t) have to use your services again, it would be because of your people who have been working hard and professionally unmatched!!” — Jeffrey M.
“Communication was really, really, really, good. I appreciated how I was kept informed throughout. They were always checking in on me to see if I had any questions or needed anything. Everything was great.” — Benjamin C.
Unwavering Support for Clients in Family Court
Cordell & Cordell is a large law firm that helps clients with various family law issues, including divorce, alimony, child custody, child support, and more. We offer the same high level of service we would want should we ever find ourselves in a similar situation. Get in touch with our team today at 866-323-7529 or by filling out our online contact form to get started with an initial consultation.
Prior to exclusively practicing family law, Tulsa divorce attorney Colby C. Pearce spent a large portion of his career defending large insurance companies and corporations in civil lawsuits, but he didn’t feel he was making a positive impact in the lives of everyday people. That’s why he made the switch to family law.
“The practice of family law allows me to connect with individual clients on a personal level while also guiding them through one of the most difficult times in their lives,” Mr. Pearce said.
By nature, Mr. Pearce is a very honest person, and he feels this carries over into the way he practices law.
“I feel this allows me to gain the rapport of others, including judges and other professionals in the legal community, which, in turn, can have a positive outcome in my client’s case,” he said.
Mr. Pearce urges his clients to remain patient and to stay focused on the objectives in the case. Unfortunately, the judicial process is not always as fast as one might prefer. Sometimes, delays occur which are outside of anyone’s control, which can be frustrating for those who have never experienced the legal process in action.
“With a little patience and understanding, my clients and I will get through this process together and I will work to achieve the most beneficial outcome for my client,” he said.
Oklahoma City divorce attorney Lisa Torneten went to law school to help real people solve real problems and nothing is more real than the significant shift in family dynamics caused by divorce or custody proceedings.
Ms. Torneten puts a lot of thought and analysis into case strategy and can anticipate the needs of her clients while also predicting and preparing for the position taken by the opposing side.
“I want my clients to know that although family law matters are inherently stressful, I will do everything in my power to ease that burden by keeping my clients informed, guiding them through each step in the process, and providing them with the necessary tools to achieve their goals,” she said.
She enjoys the practice of family law because no two families are the same, and therefore no two cases are the same.
“I can apply my analytic reasoning skills to best argue the law for each unique set of client circumstances,” she said.
Before deciding to practice family law, Tulsa divorce attorney Bradley Ward considered a career in psychology, because he wanted to help counsel people through emotional issues and troubling times in their lives. There is nothing more emotionally troubling than a divorce or family law issue.
“When an individual has their children removed from their home, their marriage fractured, and loses something they have worked many years to build, it can be extremely emotionally damaging,” Mr. Ward said.
His work as a family law attorney allows him to counsel people through these troubling times and to navigate them through the legal system.
“My greatest joy is helping people come out of these issues and find a sense of hope on the other side,” he said. “The lives that they had envisioned for themselves, their family, and their children may not be what it once was, but it can still be great. Helping someone to see that again after a difficult divorce gives me tremendous satisfaction.”
The one defining characteristic that helps Mr. Ward when it comes to practicing family law is compassion. He has a deep compassion for his clients and their families and feels deeply for what they are going through.
“This compassion drives me to fight harder for my clients,” he said, “because that is what I would want if I were in their shoes.”
The divorce process will be difficult at times and there might be times you want to give up. It is fine to end the fighting and resolve the matter, but it should never be done at the expense of your child’s well-being.
“I am not the type of attorney that will let you get pushed around, nor will I give up,” Mr. Ward said. “I am in this with you until the end.”
