Experienced Family Law Attorneys in Muskogee
If you are divorcing, you are going through a tremendously stressful transition in your life. If you have children, it makes the matter that much more difficult. The two primary components in any Oklahoma divorce involve child custody arrangements and the division of marital property. If you are facing a divorce involving children, the stakes are high. You need one our experienced family law attorneys in Muskogee, Oklahoma in your corner.
Custody in Oklahoma
In Oklahoma, the term custody is generally used for both physical custody and legal custody.
Physical custody addresses whom the children live with. On the other hand, legal custody addresses each parent’s rights to make important decisions for the children. These include decisions related to education, medical care, religious upbringing, and more.
There are a variety of physical and legal child custody arrangements in Oklahoma, including:
- Sole Legal Custody: If a parent has sole legal custody, he or she – alone – has the right to make the aforementioned important decisions on behalf of the children.
- Joint Legal Custody: When both parents share joint legal custody, they share the right to make such decisions and must come to a consensus on the matter at hand.
- Sole Physical Custody: When one parent has sole physical custody, the children live primarily with him or her and stay with the other parent according to a visitation schedule.
- Joint Physical Custody: When both parents share joint physical custody, the children live with each parent for a substantial part of each calendar year.
The Division of Property in an Oklahoma Divorce
Oklahoma is what is known as an equitable distribution state. This means that in the event of divorce – if you and your divorcing spouse cannot reach an agreement regarding the division of your marital property – the court will do so in a manner that it deems fair and equitable (rather than equal).
The law applies this process only to those debts and assets that you acquired during the course of your marriage.
In the process, the court can take a variety of factors into consideration:
- Financial misconduct by either spouse.
- Any non-monetary contributions (made by either spouse).
- Each spouse’s ability to earn.
- Each spouse’s level of education.
- The length of the marriage.
- The physical health of each spouse.
- Any relevant extenuating circumstances.
The court has considerable discretion when it comes to the division of your marital assets.
Working closely with a dedicated Muskogee family law attorney might allow you to hammer out an agreement with your divorcing spouse that keeps the matter within your joint decision-making power.
Discuss Your Case with a Muskogee Family Law Attorney
If you’re facing a divorce, you are going through plenty. However, the decisions you make now will significantly affect you and your children’s financial futures. Such decisions are far too important to leave to chance.
Our family law attorneys in Muskogee strive to resolve your case as favorably as possible.
Call 918-884-7774 for a free, confidential consultation.
You may also send your question using the contact link on this page.