Division of Marital Property
A divorce can be an arduous process. So many decisions regarding a divorce affect how things will work afterward. The most common questions stem from property distribution. Particularly, who gets certain marital property such as vehicles, homes, and other personal items. Oklahoma State courts are in charge of dividing divorcees’ property.
Marital property refers to the shared belongings of married couples. Partners may have an entitlement to property used by both individuals. On the other hand, martial properties normally exclude separate properties and have no connection to the divorce. A Divorcees’s inheritances could be separate property also.
An Oklahoma divorce lawyer can explain the nuances of Oklahoma divorce court. Call (918) 884-7774 to discuss your questions with an attorney. Choosing an attorney who can represent you in Muskogee district court is important. Like most courts in America, Oklahoma divorce courts differ depending on what jurisdiction you are in. For example, Tribal courts have different statutes that determine how people divide marital property.
Equitable Division
Oklahoma uses equitable division to determine who gets to keep certain properties after a divorce. People mistake equitable division for equal division but that is not the case. Equal distribution implies that both spouses will receive one-half of their marital property. On the flip side, equitable distribution aims to allocate property to both spouses so they may maintain a familiar lifestyle.
For example, if a person makes 75,000$ a year, but their spouse makes less than half of that salary, a court may give the spouse with the smaller income more property because the distribution is equitable to both parties. Equity and equality are similar terms, however, their application in Oklahoma divorces are quite different.
Marital Property Contributions
In most marriages, both partners normally contribute property. Courts may take into consideration who made contributions and how the contribution could benefit either party. Divorces involving children may deem the primary custodial parent as deserving of certain properties. If the judge deems it necessary, they could redistribute your separate property for the benefit of your children. Parents who maintain custody of their children usually keep the family home.
When a family home is not available for the custodial spouse, a judge may authorize the sale of the house. This decision mostly happens when all children from the marriage turn 18 years old. All profits made from the house are split between the spouses. Divided property payouts are not necessarily equal, as the court’s intention is an equitable profit to each spouse.
Prenuptial Agreements, Alimony, and Divison of Benefits in Oklahoma
On certain occasions, Oklahoma divorce courts may review prenuptial agreements to determine their validity. Prenups allow one party to protect their assets from division or redistribution in case of a divorce. Not all prenups are equal. In fact, some are invalid in Oklahoma divorce court. To check the validity of your prenup, call a Muskogee divorce attorney. It is best to check your prenuptial agreement before going to court because the difference between knowing and not knowing may decide if you keep your separate property.
Divorcees can obtain alimony if an Oklahoma divorce court permits it. A divorcee receives alimony payments in one of two ways; one lump sum or multiple installments. A lump sum would cover all of the alimony with a single large payment. Lump-sum alimony is a one-time equitable payment, while installments are normally month-to-month payments. Speaking with a family law attorney helps when formulating a concise plan to pay your alimony settlements.
Distribution of retirement benefits and pensions amongst divorcees may also occur during a divorce. Ultimately, courts determine how divorcees should divide their additional benefits. One factor to keep in mind is the length of a marriage. Short marriages can result in smaller amounts of distribution of benefits, yet longer marriages tend to have greater benefit distributions.
Initial Consultations with a Muskogee Attorney
Any divorce can become messy. Prenups, division of benefits, and equitable distribution are enough to make peaceful divorces into hostile legal conflicts. Do yourself a favor and call a divorce attorney in Muskogee to get the ideal divorce.
We are available for initial divorce consultations by phone and email. Call (918) 884-7774 or fill out the contact form to redeem your consultation. Our contact information is available under the contact tab on this page. Feel free to ask any questions when contacting us. A Muskogee attorney will get back to you with answers to your questions as soon as possible.