Insights into Family Law in Oklahoma
Family law in Oklahoma is an inclusive term used to collectively describe the regulation of legal matters that deal with families and domestic relations. Family law encompasses issues relating to the family such as divorce, child custody, spousal support, adoption, surrogacy, alimony, and equality in the division of marital assets. More broadly, family law includes broader issues such as paternity, juvenile delinquency, child neglect or abuse, child abduction, domestic violence, adoption, property settlements, and child support.
Family law also addresses issues of adoption and guardianship that govern who may take care of your intellectually or socially disabled relatives.
Oklahoma allows common law marriage, and that process is covered under family law. In addition, options for dissolving a marriage are obtained under the banner of family law. These options include divorce , annulment, and legal separation. Divorce, which is called divorce a vinculo matrimonii in Latin, is the dissolution of a marriage by the court. An annulment declares the marriage null and void. In recent years the Indian Child Welfare Act has given rise to a body of law that governs child custody disputes and adoption among tribal families.
In Oklahoma, family law disputes involving small children are governed by the Oklahoma Department of Human Services. This agency provides child placement services in the state’s finest institutions and programs.
Regardless of what particular issues you face, there is no question that your family law case will involve deeply emotional and sensitive issues that will have enormous consequences on your future. If you suspect that you need the assistance of a capable family law attorney, you are very likely correct.
How to Choose the Right Family Lawyer in Edmond
With so many options available, finding the right family lawyer in Edmond, Oklahoma can often feel overwhelming. The qualifications to look for when hiring a family law attorney include education and experience, and what kind of experience they have in family law. It is also important to choose an attorney who is a member of the Oklahoma Bar Association and the Oklahoma County Bar Association so you know that they meet standard legal requirements to practice law in Oklahoma. Additional factors to consider when making a selection include the specialties of the attorney and what their clients have to say about their experiences.
One of the key qualities to look for in a family law attorney is whether or not they are recognized as a specialist in their field. Family law encompasses a variety of issues, including divorce, custody, paternity, alimony, adoption, and others. Some attorneys may specialize in one or two areas of family law, while others may be generalists. An attorney may be board certified in family law and family law litigation from the American Board of Certification and/or the Oklahoma Bar Association. Board-certified attorneys have passed both written and oral exams in their specialty field and demonstrate a high level of experience in the field. The attorney you choose should have the requisite skills and experience for your specific case and situation and should also be comfortable with the area of family law your case falls under.
Another quality to consider when selecting a family law attorney is experience. A qualified family law attorney should have years of specialized experience in the field. Do they have any awards recognizing their experience? Do they have a history of success? Have they handled cases similar to yours? An attorney’s website or social media pages may provide more information on their experience, practice areas, and record of success. In addition, attorneys usually provide an initial consultation before accepting a case. By taking advantage of this opportunity, you can learn more about the attorney’s style, experience, and philosophy before making a commitment.
When narrowing down your choices of family law attorneys, you can usually find client testimonials on their websites, social media pages, or other resources. These testimonials or reviews are a way to learn more about the attorney and their practice from the perspective of former clients. Many testimonials will give details on a client’s background, their experience with the attorney, and details of the services provided. Another way to learn more about an attorney is to visit independent review sites. These websites often allow consumers to rate and review family law attorneys from Oklahoma and across the nation. These reviews can be a good indicator of how past clients have experienced working with the attorney.
While there are many factors to consider when selecting a family law attorney, it is important to trust your instincts when deciding on an attorney. If you do not feel comfortable with an attorney during an initial consultation, or you do not feel as though they are a good fit for your family law issue, it may be best to continue your search.
Your Guide to Divorce Proceedings
Typically, the proceeding is commenced in a court with jurisdiction over both the parties and the subject matter. Oklahoma District Courts generally have jurisdiction over divorce proceedings, but limited jurisdiction courts do not. There are about 77 counties in Oklahoma and only about 20 of them have limited jurisdiction courts. If the residence of both parties lies within a county that has a limited jurisdiction court, then either party may file an action there. It is important to file an action in a timely manner because the rules of limitation may bar your action if you do not file within the required timeframe. Generally, in Oklahoma, actions for divorce must be filed within two years of the final act giving rise to the filing of the action.
Although there are many legal formalities to developing and filing an action for divorce, the basic procedure is that you file the petition prior to moving out of the marital home. Once the action is filed and served on your spouse, the court will schedule the matter for further proceedings. At this initial hearing the parties will be given additional guidelines as to their rights, duties, and obligations while the case is pending. Depending on the issues and the complexity of your case, there may be many hearings to put everything in its place. Some issues may be agreed upon by the parties.
Generally, if there are property issues, a valuation of the property will be necessary in order to accurately determine how to fairly distribute the property. In all but the most very simplistic cases, retaining a real estate appraiser and a business appraiser or throw appraisal is crucial to the proper disposition of the property at the time of trial or settlement.
Relying upon our advocacy throughout the divorce process, our firm will develop a strategy to protect your financial future. We will counsel you comprehensively and assist you in devising an effective plan. Although there are some issues that require litigation, many issues can and should be resolved during negotiations.
Child Custody and Support Determinants
Navigating the waters of child custody and child support can be one of the hardest aspects of a divorce – especially if the couple has children. Determining custody and support for children is based primarily on the best interest of the child. Depending on the situation, the court may grant joint legal and joint physical custody, joint legal and sole physical custody, or sole legal and sole physical custody. When the court determines child custody, there are many factors that they will take into consideration, such as the age, sex, and health of the child, the nature of the child’s relationship with each parent, and the ability of the parents to provide for the child and to make a living for themselves. The courts will also consider which parent has acted as the primary caregiver for the child in the past and/or which parent is more likely to be able to maintain a stable home environment moving forward. Traditionally, the model of custody was to separate the child from the mother and leave the child with the father. Nowadays, the courts have moved further away from this model and are less likely to give sole custody to the father. In fact, an experienced family divorce attorney will likely advise against sole custody and instead opt for joint legal custody, where both parents have a say in raising the child, even if one parent retains sole physical custody. When it comes to child support, the courts will also look to determine the best interest of the child. In Oklahoma, child support is calculated using a table of guideline amounts established by the 15th Judicial Conference. Many important factors, however, are taken into consideration when calculating child support, such as the number of overnights each parent has with the child, any special education needs and costs, and the resources the parties have available. If the parents agree on a child support amount, the amount must be within the justice center guidelines or the court must find that the agreed-to amount is in the best interest of the child.
How to Handle Spousal Support
When a marriage ends in Edmond, OK, determining spousal support can be a complex and emotionally charged part of the divorce agreement. While many assume that spousal support is an outdated practice, it can serve as an important safety net for one spouse, especially if they have been out of the workforce for an extended period, or if they functioned as the primary caretaker for children.
In Edmond, OK, spousal support – sometimes referred to as spousal maintenance – is not automatically granted. Instead, the process of disenentangling a couple’s benefits and earnings often requires the guidance of a qualified legal professional. These experts know the unique laws surrounding divorce in Edmond, OK – and they know how to navigate them for the benefit of their clients. Spousal support is intended to help support a standard of living similar to that which the couple enjoyed during their time together; when enacted, it lasts for a specific period of time, most commonly until the recipient reaches a certain milestone.
In Edmond, OK, spousal support can be ordered by the court before, during, or after divorce proceedings are initiated. Once it has been granted, the supported spouse is legally required to pay the amount specified according to the terms of the agreement. Support can be adjusted in the case that circumstances change, such as the remarriage of a former spouse, further development of their career, or changes to their financial situation.
As previously mentioned, spousal support is not automatically ordered in Edmond, OK; rather, once divorce proceedings have been initiated, each spouse is expected to gather documentation that provides a clear overview of household finances. Details on income, assets, and debts will all impact the decision on whether to grant spousal support. The court will also ask about other relevant circumstances that influence the need for support — including housing and earning capacity . Because the needs of each spouse are addressed on a case-by-case basis, it’s critical to understand the factors that judges take into consideration when determining whether spousal support should be awarded.
Length of the Marriage
Oklahoma courts will first examine the length of the marriage before assessing a divorced spouse’s need for support. In Edmond, the length of a marriage is calculated from the date of the wedding to the date of separation, which is typically the date that a petition for divorce is filed. The longer the couple is married when they separate, the more likely it is that spousal support will be awarded. This is especially true if the couple has children who are also affected by the divorce.
Capacity to Provide Support
While there are no hard and fast rules regarding the duration or amount of spousal support that should be awarded in Edmond, OC, judges have discretion to base their assessments on both spouse’s capacity to provide support. If the supporting spouse earns a higher salary than the other, they may be required to provide financial support for a longer period of time — at least until the less-earning spouse has the ability to undertake a new career or reach a level of earnings that allows them to maintain a comfortable lifestyle.
Standard of Living
The lifestyle that each spouse becomes accustomed to during the marriage is also a key factor in the awarding of spousal support in Edmond. Courts use this information to determine whether spousal support is needed – and how long those payments should last. For instance, say that both spouses begin their marriage living modestly. Later in life, however, their earnings increase significantly, allowing them to enjoy a more luxurious lifestyle. Should these individuals decide that divorce is in their best interests, judges will likely view each spouse’s standards of living as equal – and subsequently order the higher-earning spouse to provide support to the one who was more traditionally "subservient" to the other.
Legal Resources and Support in Edmond
Edmond, like many cities in Oklahoma, has two primary courts. The Oklahoma County District Court handles the majority of family law issues, while the Edmond Municipal Court focuses on city matters. For most family law cases, you will need to appear in the District Court, located at 320 Robert S. Kerr Ave. in Oklahoma City. The court handles divorce cases, child custody issues, child support payments and modifications, alimony and spousal support, as well as other family-related issues.
The District Court in Oklahoma County also features a Self-Help Center with an array of resources for litigants. The judges in the District Court have access to a Family Resource and Liaison officer assigned to aid with custody cases, such as those involving abused or neglected children, adoption, guardianship and foster care. The officer has access to several community resources for when the court’s judicial system is not enough.
The Edmond Municipal Court is located at 20 S. Littler Ave. in Edmond, Oklahoma. This court handles all criminal and traffic issues arising within the city limits. In addition, minor violations such as "do not tag street signs" and "city noise ordinance" also fall under the jurisdiction of this municipal court.
Both the Oklahoma County District Court and Edmond Municipal Court have limited services for individuals who require legal aid. Several local organizations provide this service, including the Oklahoma City Northern District Bankruptcy Pro Se Clinic and the Oklahoma City University Law School’s Public Interest Law Group. The Edwin Fair Community Mental Health Center also has the ability to connect individuals with various legal resources, such as the Edmond Volunteer Attorney Program (E-VAP).
Once you’ve connected with a local aid or support service, be sure to continue your search. Online resources can help connect a victim of domestic violence with a family law attorney in Edmond, OK, or find those seeking custody the services they need to get through a difficult process. There are numerous options for improving your case outcome.
Closing Thoughts: Navigating Family Law with Confidence
Facing a divorce, child custody battle, or another family law matter? Knowledge is your best ally. From understanding the residency requirements when filing for divorce in Oklahoma to knowing your rights during a child custody dispute, staying informed and organized is crucial for effective navigation of the family law process. As you can see , these are numerous considerations within family law that can be easily overlooked. We encourage you to seek legal advice early in the process to ensure that your rights are protected and you are fully informed. With the right guidance, you can move forward with confidence and successfully resolve your family law matter.