Divorce is commonplace throughout the nation, but family law varies from state to state. Because of this, it is all the more important to consult with a team of distinguished and experienced best Tulsa divorce lawyers if you find yourself considering or going through a divorce in Oklahoma.
The Tulsa family law firm of Fry & Elder has long been identified as a trusted, acclaimed and dynamic law firm in the realm of family law in Oklahoma. Over the years, Fry & Elder has garnered numerous honors and accolades, including being named to the esteemed U.S. News & World Report’s list of Best Firms from 2014-2016. The firm has an experienced and talented team of Tulsa divorce lawyers in place who will go over the dynamics of your divorce and tailor the best legal strategy to meet your needs. Below are some answers to some of the more common questions in regards to divorce in Oklahoma.
What are the residency requirements for filing a divorce?
For a divorce to be filed in Oklahoma, either the plaintiff or the defendant must have been an actual resident in good faith, of the state for six months next preceding the filing of the petition. The divorce is then typically filed in the county in which the filing spouse resides (see Oklahoma Statutes – Title 43 – Sections: 102 and 103).
What are the grounds for a divorce?
The spouse who files the Petition for Divorce will request that the marriage be terminated under either fault-based or no-fault based grounds. The attorney representing the petitioning spouse will typically file the petition.
Fault based grounds include: Adultery, extreme cruelty, imprisonment and felony conviction, fraud and other items found in Oklahoma Statutes – Title 43 – Sections 101. Oklahoma, however, is a no fault state so practically every divorce filed in court is based on incompatibility – no-fault based grounds. This simply means that the parties have grown apart and have differences that cannot be reconciled.
What is the typical Tulsa divorce timeline?
This is difficult to answer because each divorce has different circumstances, especially if those circumstances lead to litigation. If there are no minor children involved and the divorce is uncontested, the wait period is 10 days. If there are minor children involved then you must wait a minimum of 90 days from the time you file until your divorce is final. There was a new law that went into effect on November 1, 2014 in which those parties with minor children must approve a court-approved class about children and divorce before a divorce in Oklahoma can be finalized.
As far as assets go, who will get what and how will they be divided?
This can be a touchy and tense issue for many couples that are going through a divorce. One thing to understand is that under Oklahoma law, marital assets are to be divided equitably and not necessarily equally. When a judge decides who to award any property to, that judge likely will consider many things such as the projected earnings of each spouse and the amount of debt each party received, along with some other criteria. The judge also will take into consideration whether any property was the separate property of one spouse, but was co-mingled and became marital property.
What about child custody and alimony?
These are all topics that our experienced and talented team of best Tulsa divorce lawyers will go over with you during an initial consultation. Please review our website and look at all of our family law practice areas, including child custody and alimony.
Experience the Fry & Elder Difference
Regarded as some of the best Tulsa divorce lawyers, Fry & Elder attorneys have long been considered some of the best family law attorneys in Oklahoma. Robert G “Hap” Fry Jr. has been iconic in Oklahoma family law for over 40 years and is thought of by many to be one of the best Tulsa divorce lawyers. His legal expertise has been spotlighted in numerous publications, and he has garnered accolades from SuperLawyers® every year since 2007 and also is a fellow of the American Academy of Matrimonial Lawyers™, which means that he is recognized by both the bench and bar as a leading practitioner in the area of matrimonial law. Additionally, Fry and fellow Fry & Elder attorneys M. Shane Henry, Luke Barteaux and Aaron D. Bundy have all received the coveted AV® Preeminent Peer Review Rating by Martindale-Hubbell®. If you are in need of a Tulsa divorce lawyer who is accomplished, distinguished, experienced and professional, contact Fry & Elder today.