If you find yourself contemplating divorce or are in the midst of one, there likely is no shortage of questions that are going through your head. The Tulsa family law firm of Fry & Elder realizes this and wants to reassure you that it is perfectly normal to be and feel overwhelmed with questions and scenarios. In this situation, the best thing for you to do would be to set up a consultation with an experienced and professional Tulsa divorce attorney. The reasons for this are numerous, beginning with the fact that an accomplished Tulsa divorce attorney will help you develop and devise a game plan to move forward.
If you are unable to do that at this time, the Fry & Elder staff of Tulsa divorce lawyers, would like to answer some questions that might be going through your head at the present time. In our second installment of FAQ about Divorce, we examine some of the legal conditions and requirements that come with divorce, as well as other items.
What are the Legal Conditions for Divorce?
For a divorce to be granted, it must be filed and decided in court. Most states, Oklahoma included, employ a “no-fault divorce” policy, which means that whether or not the spouse was responsible for marital misconduct is of no consequence to the courts.
What if my Spouse had an Extra-Marital Affair? Could I sue him or her and use that as Leverage in Court?
While Oklahoma, like most other states, is a no-fault state, there are special circumstances in which a divorce can be petitioned based on fault-based-grounds. Adultery, felony conviction, fraud, extreme cruelty and other circumstances can be found in Oklahoma Statutes – Title 43 – Sections 101. However, your best course of action if you have been involved in a non-monogamous marriage would be to talk with an accomplished Tulsa divorce attorney about your ex-spouse’s activities. For instance, did he or she spend marital funds on another woman or man, while you were together? If this was the case, the courts will take this into consideration when determining child custody and how marital assets should best be divided.
What is going to happen to 401(k) Plans or Retirement Plans?
Oklahoma, like many other states, no longer is a community property state. Oklahoma now employs the concept of equitable division to decipher who gets what. These determinations are often determined by a number of factors that include income and needs. Should each party agree on how things should be distributed and divided then the courts will accept a written agreement. However, if there is a disagreement between the two parties then the courts will intervene.
Retirement funds usually are considered marital property in Oklahoma and will be divided on the groundwork of equitable division. Generally speaking, however, retirement and 401 (k) plans are some of those most contested and difficult assets to divide in a divorce, making in all the more important to consult with an attorney.
Experience the Fry & Elder Difference
If you are looking for a proven, accomplished and decorated Tulsa Divorce lawyer, you have come to the right place. Fry & Elder has been nationally recognized by the U.S News & World Report as one of its Best Law Firms from 2014-2016. Robert G “Hap” Fry Jr. was also named Lawyer of the Year for Family Law in Tulsa for 2016 by the highly-reputable legal publication Best Lawyers®.
Fellow Fry & Elder Tulsa divorce lawyers M. Shane Henry, Aaron D. Bundy and Luke Barteaux also have been selected as SuperLawyers® Rising Stars™. Additionally, the firm also is comprised of reputable lawyers James R. Elder, Katie Egan and Lorena Rivas. If you have any legal questions in family, criminal or personal injury law, contact Fry & Elder today to set up a personal consultation with an accomplished and acclaimed Tulsa divorce attorney.