Divorce Considerations In Oklahoma

Summary

In Oklahoma, pursuing an at-fault divorce for adultery may not significantly impact asset division or alimony. Proving adultery requires substantial evidence. Legal representation in a no-fault divorce is beneficial for fair asset division and custody arrangements. Key terms include child custody, support, property division, and spousal support. An attorney representing your spouse cannot act as a mediator. Child support is based on both parents incomes and custody time. Income changes, like a new job, can affect support calculations. Regular income reviews can be included in divorce agreements. Consult a local attorney for personalized advice.

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My wife wants a divorce after she cheated. We live in Oklahoma. Is it worth pursuing an at-fault divorce?
In Oklahoma, you can file for a fault-based divorce on grounds like adultery. However, it might not affect asset division or alimony significantly. Consider:
- Emotional and financial cost of proving fault.
- Possible benefits in custody or alimony.
- Consult a local lawyer for personalized advice.
Would you like to connect with a local lawyer to discuss this further?
Not yet. What if I were to obtain audio of her saying that she "has stopped talking to him and blocked him," would this be enough to prove adultery?
In Oklahoma, proving adultery can be challenging. An audio recording of your wife stating she "has stopped talking to him and blocked him" might not be enough, as it doesn't directly confirm the act of adultery. Consider gathering more substantial evidence and consulting a local lawyer for guidance. Is there anything else you'd like to know?
Do I need legal representation if we file for a no-fault divorce?
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In Oklahoma, you don't necessarily need legal representation for a no-fault divorce, but it can be beneficial. A lawyer can help with paperwork, ensuring fair asset division, and provide advice on custody and support issues. If you and your spouse agree on all terms, you might consider handling it yourselves.
What are the main terms to be agreed upon in a no-fault divorce? We have one child, age *. We own our home with a mortgage on it. What else should I consider?
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In a no-fault divorce in Oklahoma, consider these main terms:
- Child Custody and Visitation: Decide on legal and physical custody arrangements.
- Child Support: Determine the amount and payment schedule.
- Property Division: Agree on division of assets, including the home and mortgage responsibilities.
- Spousal Support: Decide if alimony is applicable.
It's advisable to consult a lawyer to ensure both parties' interests are fairly represented.
My wife wants me to meet with her and an attorney to draft the divorce documents. Is the attorney able to play a mediator role or is that my wife's legal counsel and the attorney will be on her side?
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In a divorce, if your wife has hired the attorney, that attorney is likely acting as her legal counsel and will represent her interests. An attorney cannot represent both parties in a divorce. If you want a neutral party, consider hiring a mediator for a more balanced approach.
If I ask the attorney if she is my wife's legal counsel or a mediator, is the attorney able to lie to me?
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An attorney is ethically obligated to be honest about their role. If you ask whether they are your wife's legal counsel or a mediator, they should truthfully disclose their role. If you have doubts about their honesty, consider seeking independent legal advice.
If they lie when they respond to me in text, can they be sued?
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If an attorney lies to you about their role in writing, it could potentially be a breach of ethical obligations. However, suing for such a lie might not be straightforward or advisable without significant harm or damages. Consider reporting the issue to the state bar association if you suspect unethical behavior. Is there anything else you’d like to know?
Is it difficult to file divorce yourself if an attorney prepares the documents?
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Filing for divorce yourself, even if an attorney drafts the documents, can be manageable if both parties agree on terms. Ensure you:
- Understand the legal forms and filing process.
- Are comfortable representing yourself in court.
- Consider any implications on custody, support, and property division.
Is there anything else you'd like to explore?
Would there be a time where we would have to show up in court if we agree on everything?
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In Oklahoma, if both parties agree on all terms of a divorce, you may not need to appear in court. However, some counties may require a brief court appearance to finalize the divorce. Check with your local court for specific requirements. Is there anything else you're curious about?
Would Tulsa County require that appearance to finalize the divorce?
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In Tulsa County, if both parties agree on all terms of the divorce, a court appearance might still be required to finalize it. However, this can vary, so it's best to check with the local court or consult legal assistance for confirmation.
Will agreeing to have our child *% of the time cost me less in child support than having him *% of the time?
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In Oklahoma, child support is generally calculated based on both parents' incomes and the amount of time each parent spends with the child. Increasing your custody time from *% to *% can potentially reduce your child support obligations, as the support is often adjusted based on shared parenting time. Consider consulting with a local attorney or using Oklahoma's child support guidelines calculator for a more precise estimate.
can you link me the calculator?
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I can't provide a direct link, but you can search for the "Oklahoma Child Support Guidelines Calculator" online to find tools that can help estimate child support obligations based on custody arrangements and incomes. Is there anything else you would like to know?
What if she just accepted a new job?
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If your wife has just accepted a new job, it might impact the child support calculations, as her income could change. In Oklahoma, both parents' incomes are considered when calculating child support. If her income increases, it could potentially reduce your child support obligations. Would you like more information on this topic?
Yes
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In Oklahoma, changes in a parent's income, like a new job, can affect child support calculations. Both parents' incomes are considered, so if your wife's income increases, it may reduce your child support obligations. Keep track of her new income details for accurate adjustments. Is there anything specific you'd like to know about this?
What if her income is likely to fluctuate? How do I know that I am not paying too much?
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In Oklahoma, if your wife's income fluctuates, child support orders can be modified to reflect significant changes in financial circumstances. To ensure you're not overpaying:
- Regularly review her income changes.
- Request modifications if there's a substantial change.
- Consult a lawyer for guidance on adjustments and documentation.
Need more details about this?
Can the divorce document force a regular review of her income? I would like to take the average of the next 3 months.
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In Oklahoma, you can include provisions in the divorce agreement for regular income reviews. Typically, child support agreements can be modified based on substantial changes in circumstances. You might negotiate with your spouse to include such reviews. Consider consulting a lawyer to draft this agreement properly.