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Common Misconceptions
About Divorce & Family Law

Military Law Group

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Paper Cut-Out of a Family Next to a Gavel and Book

Legal matters involving family and domestic relationships often involve delicate emotions and must be handled carefully. Any decision you take can affect different aspects of your life, including your assets, children, finances, and future relationships, massively.

However, due to lots of misinformation surrounding the Oklahoma divorce process, a person going through marital dissolution can easily make costly mistakes without detailed legal guidance. An experienced Oklahoma family law attorney can clarify the misconceptions and help you make intelligent decisions in your divorce and familial matters.

At Military Law Group, we are committed to offering knowledgeable advocacy and dedicated legal guidance to clients in family law and divorce-related matters. Our trusted team will be available to discuss your unique situation, explore your available divorce options, and walk you through every legal step involved in the Oklahoma divorce process. We're proud to serve individuals and families across Tulsa, Oklahoma, and surrounding areas throughout the Tulsa metro area.

Common Misconceptions About
Divorce & Family Law in Oklahoma

There are many collective popular opinions and misleading information out there surrounding the Oklahoma divorce process and other family law matters. As a result, Oklahoma family law attorneys must properly educate their clients about the whole divorce proceedings and what to expect during and after their divorce. Here are some of the most common myths and misconceptions about divorce and family law in Oklahoma and a brief explanation of why they're false:

Misconception #1: It's possible for
one of the spouses to deny the divorce.

This is a common misconception. Oklahoma allows both no-fault and fault-based divorces. In a no-fault divorce, the requesting spouse only has to state incompatibility (the couple is incompatible) to get a divorce in the state. Even if the other spouse disagrees, they cannot deny the divorce. Hence, by filing for a no-fault divorce, you can dissolve your marriage without the signature, consent, or approval of your estranged partner.

Misconception #2: You must get
divorced in the state you got married in.

This is wrong. You don't have to get divorced in the state where you got married. To file for divorce in Oklahoma, either you or your soon-to-be ex-spouse must be a resident of the state for at least six months prior to filing. What County District Court you file in depends on what county you or your soon-to-be ex-spouse have resided in for the preceding 30 days.

Misconception #3: If the other parent doesn't
pay child support, I can withhold visitation.

This is another common misconception. Essentially, a child support arrangement is different from parenting time in a divorce order. Under no circumstance should the custodial parent intentionally withhold visitation because the non-custodial parent doesn't pay child support. Instead, you can file a contempt action in court seeking enforcement of the existing child support order. In short, parenting time is completely separate and distinct from child support and the failure of a party to do one does not mean that the other party can deny the other. Further, this works both ways. One party denying visitation does not give the other party the right to refuse to pay child support.

Misconception #4: Alimony is a part of any divorce.

This is not true. Alimony or spousal support isn't awarded in every Oklahoma divorce case. Before alimony can be awarded, the following conditions must be present:

  • The requesting spouse must show the need for financial assistance, and

  • The paying spouse must have the ability and resources to pay support while remaining financially independent.

Misconception #5: The mother is always
awarded primary custody of the children.

Previously, trends in child custody awards show that mothers are usually awarded primary custody of their children. However, the Law regarding custody has changed. During the divorce proceedings, Oklahoma family courts believe that both parents' involvement is important for the child's general well-being, growth, and development. Thus, the court may order joint custody and equal parenting time if it is in the child's best interests. If, when one parent has requested joint custody, a Court decides that joint custody is not in the best interest of a child, the Court must make specific findings of fact as to why.

Misconception #6: If adultery was involved,
the other spouse gets everything.

Though adultery is one of the grounds for fault-based divorce in Oklahoma, this doesn't mean the faithful spouse will get all the couple's marital assets. Oklahoma is an equitable distribution state. This means that marital property must be divided equitably and fairly between the spouses.

To achieve equitable division in a divorce involving infidelity, the court may evaluate whether the adulterous spouse intentionally wasted the couple's finances and marital assets on funding vacations and purchasing expensive gifts for their secret mistress or lover.

Misconception #7: If the property is in the name
of only one of the spouses, they get to keep it.

As mentioned earlier, Oklahoma is an equitable distribution state, and marital property will be distributed justly and equitably in a contested divorce. Notwithstanding whose name the property is in, any asset categorized as marital property will be divided equitably between both spouses.

Legal Advocacy for Your Family

Filing for divorce in Oklahoma usually involves many complicated procedures. The collective popular notions and false assumptions out there make it more challenging to navigate the marital dissolution process alone. Regardless, being able to differentiate between facts and fiction can make managing your divorce relatively easy. An experienced family law attorney can help you understand your available divorce options and help navigate crucial decisions in your family legal matters.

At Military Law Group, we're poised and ready to assist, advise, and guide clients through the complex divorce procedures. As your legal counsel, we can:

  • Evaluate every aspect of your case and discuss your possible legal options.

  • Help you understand the truth about the Oklahoma divorce process.

  • Outline a personalized and effective legal strategy that best fits your personal situation.

  • Help protect your best interests, your family, and your future.

Additionally, our skilled legal team will work diligently with all parties involved to resolve divorce matters – including spousal support, division of property, child custody, child support, and parenting time – amicably and productively.

Every divorce case is unique. Getting experienced guidance is crucial to avoid making irreversible errors and mitigate potential issues. Contact Military Law Group today to schedule a simple consultation with reliable divorce attorneys. We will advocate for your family's best interests and help you move forward quickly. Our firm proudly serves clients across Tulsa, Oklahoma, ands throughout the Tulsa metro area.