If you’re considering divorce, you likely have questions regarding the divorce process in Claremore. Some common questions include the time-frame for divorce, and issues related to child custody. If you don’t have children you’ll have questions related to property division and support alimony. Below we answer some questions commonly asked by Rogers County Oklahoma residents regarding the divorce process in Claremore.
Can I file for Divorce in Oklahoma:
In order to file divorce in Oklahoma, you must be a resident of the state for six months. You must also resided in the county you file in for at least 30 days. If you’ve lived here less than six months, you can still file an action known a legal separation. You’ll receive much the same relief as in a divorce, including property division, child support, and alimony. You can then file a divorce action once the six months have run.
Do I need a Claremore Divorce Attorney:
Most people need and benefit from the assistance of a divorce attorney. A divorce attorney will first ensure adherence to all proper paperwork and protocols. Further, this is done ensuring your divorce proceeds in a timely manner. A divorce attorney also protects your legal rights by ensuring you receive the settlement or court judgment the law allows. Your attorney will examine the assets and liabilities involved in the divorce and advocate on your behalf.
How Long Does it Take to Get a Divorced in Rogers County:
If the parties don’t have children, a petition for divorce can be granted as soon as 10 days after filing. If the parties have children, granting the petition is possible in 90 days. Under certain circumstances the judge may allow a waiver of this standard waiting period.
Will I Have To Pay Alimony:
An award of alimony depends on the spouse’s need for support and the other spouse’s ability to pay. Courts today struggle with the award of alimony and err on the side of providing shorter term relief. A court looks to each of the parties’ lifestyles, their earning capacity, the duration of the marriage. Additionally the court considers prospects for future employment, and other relevant factors. A divorce attorney is able to analyze your individual circumstances and provide a more accurate picture of your potential alimony obligation or award.
Will I Receive Custody of my Children:
Child custody and child support is a contentious area of any divorce. Today though, most courts will attempt to award joint custody and equal child sharing. Courts will consider a variety of factors in making a custody award, including each parent’s past contributions as caregiver, mental fitness, the child’s preference if the child is over the age of 12, and much more.
How Will Our Property Divide:
Each party will be awarded their separate property, which includes property they had before marriage, gifts, and inheritances. Marital property will then be distributed justly and equitably. This does not mean a 50/50 split though. The court will look to the overall circumstances of the parties and divide accordingly.
Experienced Claremore Divorce Attorneys:
Divorce is difficult for any couple and takes an emotional as well as financial toll on those involved. Our attorneys can help provide answer’s to your questions regarding the divorce process in Claremore. Call today and get a free consultation with one of our attorneys or visit our Claremore attorneys law blog for more information.
