Divorce Law FAQ
The cost for a contested divorce is impossible to set at the beginning of a case. We charge for the time we spend on your case based on our hourly rate. If your case is settled quickly it will cost substantially less than if it is litigated through to the very end of trial (or even appeal). On the other hand we have very low flat fees for uncontested matters that will potentially save you thousands of dollars. The details can be found here: https://www.abrahamsonlaw.com/practice-areas/family-law-tulsa-divorce-lawyer/cheap-uncontested-divorce/.Annulment is the setting aside of the marriage contract because it was not validly made. Grounds might include fraud, incompetence, or any other grounds that would justify rescission of a contract. The length (or shortness) of the marriage is not an independent grounds for annulment.Although adultery is a ground for divorce in Oklahoma, whether the grounds are adultery or incompatibility makes no difference to the outcome of property and debt division, child support or support alimony. It also plays no role in determining child custody, but exposing the children to inappropriate conduct, whether or not it actually arises to adultery can be taken into account if it impacts the children directly. When one spouse dissipates, that is wastes or gives away, marital assets, that fact will be taken into account for property and debt division no matter what the cause of the dissipation, and that would include money spent on an adulterous affair, as well. The court can make decision on where the children live. Each parent has a Constitutional right to live anywhere in the U.S. they choose. Each parent has a Constitutional right to a parent-child relationship with their children. Those rights collide when a parent wants to move and take the child along, and the Court may be called upon to make the decision where the child will live.An uncontested divorce without children has a waiting period of only 10 days. With minor children involved the waiting period is 90 days, even when uncontested. In Oklahoma a divorce is started by filing a Petition. The Court issues (but does not prepare) a Summons, and both the Summons and Petition must be served on the other side by a process server or deputy sheriff. Oklahoma law provides that the mother of a child born out of wedlock has sole custody of the child until a court says otherwise.If either party refuses to sign divorce documents, that will not prevent the parties from getting divorced. It only takes one party to say they have become incompatible and the court must grant the divorce. However, the case will have to be tried to a Judge to decide the outcome of Child Custody, Child Support, Property and Debt Division and support Alimony.The party seeking a default judgment will have to prove the proper service of the papers on the other side and give basic testimony showing the the court has jurisdiction and that the terms of the default decree are fair, equitable and in the best interests of the children. The biggest difference will be the cost incurred proving the fault. The law prohibits outcome being affected by whether there was fault or not. Support alimony is based on the need of the party seeking it and the ability to pay of the party being asked to pay. The need must be related to the marriage and the purpose of alimony which is to cushion the transition from being married and dependent to divorced and independent. There is no statute of limitations for a divorce decree. In Oklahoma, neither party can remarry anyone other than the other party for six months, and it can be vacated if the parties do remarry in the six months.The court is required to make a fair and equitable division of the net marital estate. This includes debts as well as assets. The word equal is not in the statute, but our courts assume 50-50 is fair and equitable unless you can prove otherwise. However, mathematical precision is never required.Call our office for a consultation 918/584-0318.Legal separation is just like divorce. The procedures and time commitments are the same. Child Custody and Support will be established. Property and debts will be divided. Alimony or “Maintenance” will be set. At the end, instead of of a Decree of Dissolution of Marriage, you will receive a Decree of Separate Maintenance.
