Divorce is never simple. Dissolving a marriage represents one of life’s most important transitional moments. Along with coming to terms with emotional stress and the ending of a relationship, divorce also carries financial, legal, and familial implications. All choices made throughout the divorce process have potential long-lasting impacts. In addition, many of the most harmful results of divorce are not caused by unusual or exceptional circumstances.
About Stange Law Firm
Stange Law Firm is an Oklahoma City-based law firm dedicated to providing clients with exceptional legal support in divorce, custody, and property division cases. Stange Law Firm attorneys understand both Oklahoma family law and the Oklahoma County District Court system, where we regularly appear.
In addition, we offer consultations so our clients can meet with an attorney to discuss their case. From asset protection and property division to child custody and the best interests of children, we are dedicated to helping Oklahoma City families move forward with dignity and a clear understanding of the legal process.
Understanding Oklahoma Divorce Laws
Oklahoma is a no-fault divorce state. As such, a spouse may file for divorce by merely claiming the marriage to be “irretrievably broken” with no other fault having to be proven in a court of law. Oklahoma also recognizes the statutory division of property. Meaning, the marital property is divided equitably by a court of law.
In terms of child custody, Oklahoma courts grant custody and parenting time in accordance with the best interests of the child. This requires consideration of stability, each parent’s willingness to cooperate, each parent’s involvement in a child’s upbringing, and how a child is adjusting to home, school, and community, among other factors.
Failure to abide by certain filings, deadlines, or even provisions of Oklahoma law can affect these outcomes more than some realize. In 2023, the marriage rate in Oklahoma was 5.9 per 1,000, while the divorce rate was 3.3 per 1,000.
Don’t Rush Into Divorce Without a Plan
When emotions run high during disputes, marital partners often rush to divorce before applying reason. Rushing into the filing process before a game plan is in place can lead to short-sightedness when considering terms, assets, and long-term impacts. It’s a good idea to take stock of the financial situation, meet with counsel, and fully understand the legal and practical process before proceeding.
Do Not Neglect to Hire an Attorney
Divorce is complicated, with pitfalls around property, alimony, child custody and support, and even pensions and retirement. An experienced Oklahoma family law attorney can help safeguard rights and help avoid key mistakes.
Do Not Hide Assets or Debts
Oklahoma courts expect honest financial disclosures. Failure to do so can result in severe sanctions, a refusal to uphold favorable agreements or orders, or even a court-ordered reversal of previously attained settlements. While it may be easy to engage in deception, it is harder and more costly to reverse damage to one’s credibility in a courtroom.
Avoid Being Driven by Emotions
Collecting one’s emotions during a divorce is challenging, to say the least. Emotion, however, is a poor driver. Expressions of anger, jealousy, resentment, or revenge towards the other spouse may at first feel justified, but commonly cause more damage to the situation, one’s case, and often to the other party.
Whether it is refusing to agree to terms out of spite or prematurely approving a divorce settlement to get back at one’s spouse, acting out of anger or frustration is almost never a good idea and can even work against you in matters that go to court.
Do Not Forget How the Divorce Will Impact Your Children
If children are involved, then many things change. Courts will focus first and foremost on the best interests of children and will expect parents to behave in kind. Engaging in behavior such as using children as go-betweens, bad-mouthing one’s spouse to children, or completely stopping communication, or leaving a child’s home life entirely in the other parent’s hands can all have deleterious effects.
Instead, work to create a parenting plan and focus on the child’s stability and maintaining a strong line of communication.
FAQs
Q: What Is One of the Biggest Mistakes People Make in Divorce?
A: A common mistake is to wait to get a lawyer or not to get a lawyer at all. Your divorce presents numerous legal and financial issues that require an attorney to protect your rights before your spouse gains control and an unjust settlement occurs. Contacting a lawyer at the start helps avoid expensive errors you might need to remedy later.
Q: How Does Divorce Affect My Retirement and Pension in Oklahoma?
A: Retirement accounts and pensions are usually marital property if they were earned during the marriage. Oklahoma has equitable distribution laws in place, so your spouse is likely entitled to a share of those benefits. Failing to address these items in the settlement or decree can result in lost benefits or future legal claims.
Q: Do I Need to Update Legal Documents After My Divorce is Finalized?
A: Yes, wills, beneficiary forms, powers of attorney, and insurance policies should be revised as soon as your divorce is final. If you do not change these, your ex-spouse may still have legal authority and may also receive benefits of which you are unaware. Have these documents changed while your attorney completes any legal actions after the divorce is final.
Q: How Will Divorce Affect My Children?
A: When children are involved, courts consider the best interests of the children under the law. Allowing conflict between the parents to enter the child’s life, abruptly changing routines, or speaking negatively about the other parent can damage your credibility. Concentrate on cooperation, consistency, and minimizing disruption to help aid in a smooth transition for your children.
Contact Stange Law Firm
If you are going through a divorce, you do not have to go through it alone. Stange Law Firm can help you through the process and help you avoid costly mistakes. Contact us today to get started.