The dissolution of a marriage can be a frustrating and lengthy process: often unforeseen problems can arise. Employing the expert legal services of Ball Morse Lowe, PLLC. Meeting with a family law attorney is the first step in understanding the intricate process and gaining a fresh start. Our law firm handles all aspects of divorce, including:
Sophisticated or contested divorce: Complex divorces are those in which couples might not agree upon one or more problems. Uncontested divorces can become contested if the parties disagree on a few items. Complex divorces may include high-asset couples and business owners.
Military divorce: Military divorces involve many legal issues that civilians often do not contend with. The Uniformed Services Former Spouses' Protection Act ("USFSPA") and Oklahoma laws will determine how military pensions and benefits are divided. With veteran attorneys on staff, we are here to help serve those who have served.
Uncontested divorce: Even in the event of an uncontested divorce, it's sensible to seek the counsel of an Oklahoma City divorce lawyer to advise you. Legal representation will make certain you and your partner have considered every option and all rights are protected.
Mediation: In some circumstances, it might be necessary to attend mediation before going to trial within an issue. We work with accredited mediators who will help you solve your problems, avoid trial and keep pricing minimal.
Divorce separation and planning: In some instances, legal separation might be an option. But if you or your partner is considering divorce, there are steps you can take to prepare for that choice while consulting with an attorney.
Property and asset valuation and division: Our company works closely with financial specialists who assist in valuing assets, counsel on tax consequences, and divide marital debt.
Temporary orders: Many clients worry about their financial and living situation while divorces are pending. It's possible to secure temporary requests to ascertain living arrangements, spending habits and custody arrangements for the interim before your divorce is finalized.
In regards to marital dissolution, you do have choices: formal divorce lawsuit, a divorce trial in court, or a personal collaborative divorce process outside of court. You could also mediate your case with the support of a divorce mediator to reach a divorce settlement agreement. Ball Morse Lowe, PLLC has a team of trained and experienced Oklahoma City divorce attorneys who are ready to represent you in your divorce, regardless of which option is necessary for your case.
A litigated divorce through the court system begins with the filing of a petition for dissolution of marriage with the court. Temporary orders may be entered, setting forth how you and your spouse will share time with your kids, what child support and support alimony is going to be, who will live in the marital home, how the bills are going to be paid, and additional issues necessary to address during the divorce proceedings. In Oklahoma County, there will be a parenting plan conference at the start of the situation where these temporary issues might be resolved by agreement. The court will also enter an order, setting deadlines for getting certain tasks completed which may also require mediation for the parties in attempt to settle their case outside of court. In the end, if you and your partner are unable to reach a settlement agreement, a trial will be held and the judge will decide who gets what, who pays what, if you'll have sole custody or joint custody of your children, and coordination of a visitation schedule.
Before a marriage files for divorce with the court, consider if the collaborative divorce process would be best in your particular situation. Unlike a traditional, position-based lawsuit, the collaborative divorce process involves interest-based negotiation and permits parties to make their own decisions instead of a judge. It is a client-driven rather that a court-driven process: cooperative, rather than combative.
Ball Morse Lowe, PLLC has advanced training and experience in the collaborative divorce process and can effectively represent you on your collaborative divorce. You, your spouse, and your collaboratively-trained attorneys sign an agreement to collaborate on a settlement agreement and not go to court. Private, informal meetings are held and documents and information are freely exchanged so that you're equipped to make wise decisions about your children and financial future. Divorce coaches handle any emotional issues which might interfere with your collaborative efforts. If needed, other collaboratively-trained professionals may be involved to assist with financial and child-related difficulties. After an agreement is reached, necessary paperwork is drawn-up and filed with the court to finalize your divorce. If collaborative efforts fail, which is rare, each of you is required to hire new lawyers for litigation purposes.
The collaborative divorce process is personal, respectful, and ends in a mutually beneficial outcome without the added stress, publicity, and inherent expense associated with litigation.
Mediation is a lower-stress, low-cost alternative to traditional divorce litigation. It's an alternative dispute-resolution process that's often required by the court before proceeding to trial and, if successful, leads to an out-of-court settlement. Spouses meet with an independent mediation professional, typically an attorney, who facilitates their settlement negotiations. The mediator is a neutral settlement facilitator who doesn't represent either of you and cannot provide you with legal advice.
Mediation can be done either with or without legal agents and can occur at any time, both before or during the divorce proceedings. One or more mediation sessions will be held, depending upon the issues in your specific case. Once a settlement agreement is reached, it is put in writing.
Ball Morse Lowe, PLLC is an experienced Oklahoma City divorce mediator. We have mediated divorce and other family law disputes both with and without lawyers being present. Our legal professionals are often hired by other divorce attorneys to mediate their clients' divorces, develop parenting plans, and settle asset and debt division and other financial difficulties. We've helped numerous people resolve their differences so they can proceed with their lives.
Ball Morse Lowe is here to provide guidance on your questions regarding divorce actions in Oklahoma. While some questions may remain unanswered, we hope to guide you through the initial phases of the divorce process and outline how we can fully assist you with your particular needs. View our Frequently Asked Questions and call us at 405-701-6376 so we can counsel you through every step of your divorce.
How do I get a divorce in Oklahoma?
A divorce in Oklahoma is granted based on many terms, including adultery, fraud, cruelty, abandonment, living apart, imprisonment, or conviction of a felony. Most divorces are granted on a “no-fault” basis, meaning there is no hope of reconciliation within the marriage.
When can I file for divorce?
One may file for divorce in Oklahoma at any time.
How much does a divorce cost?
Divorce cases in Oklahoma can range significantly in terms of overall cost. The costs will inevitably vary depending on certain circumstances (minor children, custody, property disputes) involved in each specific matter.
How long does a divorce take?
Oklahoma imposes a 10-day waiting period before a divorce may be granted in cases without minor children. Likewise, cases with minor children have a 90-day waiting period imposed. However, the length of your case will depend on a combination of different case scenarios.
What forms do I need to file a divorce in Oklahoma?
Depending on the situation, a party must file a Petition for Dissolution of Marriage, a cover sheet, and in some instances a summons.
Where do I file a divorce complaint filed?
A petition for divorce may be filed in the county where either party has resided for at least 30 days prior to the date of filing.
When do I need an attorney in a divorce?
Unless your divorce is completely amicable, it is very wise to have an attorney by your side. If your case involves minor children, an attorney is essential to ensure that custody and visitation rights are properly established and maintained.
How do I get a divorce granted?
A divorce is granted upon conclusion of your case by agreement or trial. Most divorces require at least one visit to the court.
Do I have to go to court?
There will be mandatory proceedings that require attendance. However, most cases will not proceed to trial.
Can I get maintenance? Will I have to provide alimony to my spouse?
Maintenance in Oklahoma is based on two factors: 1) the party seeking payments must prove they have a demonstrated need for maintenance, and 2) the party providing maintenance must have an ability to pay.
Can I get an annulment in Oklahoma?
Yes - under very limited and certain circumstances, you may be granted an annulment in Oklahoma.
When can I change my name during a divorce?
You may restore your maiden name upon entry of the divorce decree.
Following a divorce, when can I remarry, or start dating?
In Oklahoma, you are restricted from remarrying for six-months after a divorce decree. There are no restrictions on when a person can resume dating, however.
What if my spouse does not want the divorce?
Oklahoma courts are able to grant a divorce upon a single party petitioning the court, regardless of whether or not the opposing party chooses to participate.
Attempts to serve my spouse haven’t worked, what’s my next step?
If you are unable to serve your spouse, there are various other approaches you can seek from the court, including service by publication.
Do the other divorce issues- child support, child custody, alimony, and property – have to be decided before the divorce is final?
In most instances, yes. All issues are prepared and resolved prior to a final resolution.
How long do I have to be living in Oklahoma to get a divorce?
You must live within Oklahoma for six months prior to the filing of the divorce petition. The party must also reside with the county for at least 30-days prior to the filing.
Can I move out of Oklahoma after a divorce?
If your case involves minor children, you may be restricted to living within Oklahoma unless the parties or the court determine otherwise. If your case does not involve minor children, you will be free to move. However, you would still be subject to Oklahoma’s jurisdiction for divorce proceedings.
How do I prove fault for divorce?
In Oklahoma, fault is proved through evidence establishing the opposing party has engaged and/or committed adultery, abandonment, fraud, cruelty, imprisonment, has convicted a felony, is living separate, or other scenarios you may discuss with one of our attorneys.
When can a parent change a child’s name without the other parent’s permission?
Never – a parent cannot change a minor child’s last name without the express permission of the other parent or the leave of the court.
Can a couple become legally married by living together under Oklahoma laws (common law marriage)?
Some scenarios may evidence the existence of a common law marriage in Oklahoma. The State has certain requirements that must be met in order for a court to determine that a common law marriage exists between the parties. Importantly, in order to terminate a common law marriage, spouses in Oklahoma must go through the formal divorce process.
While we have built a respected reputation over the decades for providing sophisticated counsel in complex oil, gas, and energy law matters, business law cases
Ball Morse Lowe, PLLC, is committed to providing excellent service and sound solutions to our clients in a cost-effective manner. From our law firms in Norman, Oklahoma City, and Denver, our attorneys provide services throughout the Oklahoma City and Denver Metros and in other states, including Texas, Kansas, North Dakota, Ohio, Colorado, California, and New Mexico.
Ball Morse Lowe is a recognized law firm that serves clients across Oklahoma and Denver.
Our lawyers have extensive experience handling a wide range of practice areas, including estate planning, family law, litigation, real estate, oil, gas and energy, business & commercial, and much more.
Our firm is devoted to providing each client with all the resources of a large firm but with the individualized attention of a small practice. Unlike many other firms, we have the ability to conduct investigations, hire expert witnesses, and utilize cutting-edge technology to help you build the strongest case possible.
The lawyers at Ball Morse Lowe can help you seek what's needed in your case. Our team is standing by to assist you, so call us at (405) 701-5355 to get started with a free consultation with our client intake team.
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