The Section of law referred to as "Family Law" generally includes
Divorce, Separate Maintenance, Custody, Child Support, Paternity,
Visitation, Support Alimony and Division of Marital Property. The Court that
decides "Family Law" is a Court of Equity.
This summary is intended to be an overview of some of the issues involved
with family law. It is intended only for educational purposes. It is not
presented to address all issues in family law nor to offer a legal opinion
on how a Court of Equity may or may not rule.
In Oklahoma, a divorce is called a Dissolution of Marriage. A dissolution of
marriage involving minor children will include the following: Custody,
Visitation and Child Support. The Court will decide, if the parties cannot
agree, what custody arrangement which will best serve the best interests and
well being of the minor child and/or children. Prior to a divorce decree
being entered and during the pendency of the divorce proceedings, the Court
more than likely will enter temporary orders regarding: custody, visitation,
child support, property and temporary support alimony. If there is any
possibility of reconciliation, I recommend to my clients that instead of
filing for a Dissolution of Marriage they may wish to consider filing for
Separate Maintenance. Separate Maintenance may also include temporary orders
for custody, visitation, child support and support alimony.
The amount of Child Support is usually determined by complying with the
Oklahoma Child Support Guidelines. However, there are circumstances where
the parties exceed the joint income of the Guidelines. In those situations,
the Court will decide if the parties cannot agree.
A dissolution of marriage may also include an order for property division
and support alimony. Property division in Oklahoma is determined in part by
establishing the nature [character] of the property. Under a normal
situation, property will be divided equitably between the parties. What is
the property subject to distribution? It is that property which is
determined to be "marital" property. The following is a partial list of
property which may be subject to division: Pension funds, Retirement funds,
Military Benefits, Gifts, Inheritance Property received during the marriage,
Co-mingled property, Real Property, Personal Property and Separate property
that have been enhanced by either party during the marriage.
The Court of Equity will decide the "character" of the property by several
factors including when the property was purchased and how it was treated
during the marriage. The property that becomes subject to division may
require an evaluation to determine the value of the property. Often, expert
testimony is necessary to establish the value of the property.
After a Divorce Decree has been entered, there can be some modifications to
the Decree. One of the areas that modifications are allowed by statute is
Child Support. Child Support can be modified upon a showing of a change in
circumstances with the parties. This modification must be Court approved and
ordered. Child Support can be modified up or down. Custody orders and
visitation schedules may also be modified by order of the Court.
Oklahoma courts recognize support alimony. Support alimony will be
determined on a case by case basis. It will require evidence to establish
the "need" one party and the ability to "pay" by the other party.
This is one area of the law that when I have been chosen to be the lawyer, I
require my client's attention to be involved. A divorce is so very personal.
A lawyer and/or lawyers should not determine alone how you or your children
will live the rest of your life, you must and should be involved and
participate in every decision. If you are forced into a situation where a
dissolution of your marriage is your only alternative, please find a lawyer
who will keep you informed and involved. It will be painful but years from
now, you will be glad that you were involved and made informed decisions.