Decisions made during the breakup of a marriage have lasting implications for each spouse, so it is important to have a trusted legal team looking out for your best interests. The divorce attorneys at Denker & Zuhdi, PLLC in Oklahoma City devote personalized and professional attention to every client. We will listen to your needs and concerns and work to obtain optimal results concerning such issues as property division, spousal support and child support and custody.
In Oklahoma, the amount of time it takes to dissolve a marriage depends in part on how easily spouses come to agreement on such issues as property and debt division, each parent’s child custody rights and whether either spouse will pay spousal support or child support. The divorce may go one of two ways:
There are 12 grounds for divorce recognized in Oklahoma but the most common is based “incompatibility” — also known as a “no fault” divorce. Fault-based grounds, such as adultery, abandonment or extreme cruelty, are rarely used.
Some couples choose legal separation as an alternative to divorce. The spouses remain legally married but live separately. This can allow one spouse to stay on the other’s health insurance and also gives the couple time to decide if the marriage is truly over. As with a divorce, spousal support and child custody and support may be part of the separation order. A legally separated person cannot remarry without getting a divorce.
Most property or debts acquired by either spouse during a marriage are legally considered “marital” and subject to equitable distribution under Oklahoma law. Property that either spouse owned before the marriage is usually deemed “separate” property that is exempt from distribution. However, there are exceptions to both of these general rules. For example, an inheritance or gift to one spouse during the marriage is considered separately owned.
“Equitable” means just and reasonable but not always equal. A court looks at the full picture of a couple’s marriage when deciding which property rightfully belongs to whom. Each spouse’s financial and homemaking contributions to the marriage are considered. The distribution also accounts for each spouse’s ability to work and whether either spouse’s actions increased or decreased the worth of marital property. Based on all relevant factors, a judge may decide it is fair to award one spouse more than half of the marital net worth.
Whenever possible, it is advisable for divorcing spouses to agree on an equitable distribution plan rather than having the court impose one. Our family law attorneys have achieved many favorable property division agreements outside of court.
At Denker & Zuhdi, PLLC, we strive to resolve divorces as efficiently as possible with a view to achieving the most just and favorable outcome for our clients. To learn more about how our qualified attorneys can help you, call our Oklahoma City office at 405-946-5533 or contact us online to schedule your free initial consultation.
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"Having been one of the largest buyers of foreclosures in the state for nearly 30 years, it is the nature of our business to be involved in litigation. We chose Rick Denker as our attorney by using the best method possible. He represented the other side. During this litigation, we saw an intelligent, hard-working man who had common sense. He attempted to resolve the case in the best interest of his client quickly instead of just running up the legal bills. During the past several years that he has represented us, we have been very pleased with his success and would highly recommend him." - –Tana Parks, owner of Ted Parks LLC and Winfield Investments LLC, Tulsa, Ok
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