What Am I Entitled to in an Oklahoma City Divorce?

Oklahoma is one of 40 equitable distribution states. Property in an Oklahoma City divorce is distributed fairly, which is not necessarily equally.

Wealth is distributed in accordance with an agreement between the divorcing parties, with the intervention of a mediator, or by a court order.

What is Equitable Distribution?

Equitable distribution is accomplished more to the satisfaction of both parties when the couple or their attorneys can agree on property division. When the matter goes before a court, the judge considers several factors to accomplish a fair division of property.

The factors that are considered include the following,

• The value of the property.
• The sacrifices each spouse made during the marriage for the good of the relationship. For example, the sacrifice of a stay-at-home parent will be considered.
• The contribution each party made to the assets and debts in the marriage.
• How the asset’s absence or presence affects the children and the spouse. For example, how will the children or each of the parties be affected if they have to leave their home?
• How the asset is used.
• What is the involvement of the children.

Property and Divorce

Here is what you are entitled to in an Oklahoma City divorce:

1. The retirement benefits accrued during the marriage.
2. Any property that you owned before the marriage that still belongs to you. However, if the property has been comingled with marital property, your partner has a share in the asset.
3. Any gifts you received before or during the marriage if such gifts have not been comingled with marital property.
4.  Full disclosure of the other spouse’s estate and assets so that the court can make an informed decision.
5. Spousal support, if you are the spouse financially dependent on the other spouse. This spousal support is meant to be rehabilitative, and to get the dependent spouse back on his or her feet.
6. To continue with the parental relationship as agreed upon with the other parent, or by a court order.

Community Property

Oklahoma is a community property state. All marital property is owned equally.

In Oklahoma, spouses can have joint tenancy or tenancy in common. When spouses are tenants in common, there can be a disproportionate division of property between the couple.

Also, debts accrued from community property are divided equitably between the couple. If one spouse gets into debt without the knowledge of the other, the innocent party is not held liable.

Low-cost Consultation: Oklahoma City Divorce Attorney

Are you worried about how the property you acquired as a couple will be divided in your divorce? An experienced lawyer can represent your interests in mediation with the other side, so you don’t end up shortchanged.

Even if the matter has to be determined by a judge, it is seldom best to rely on one’s own wits to get the best results. The knowledge and experience of a skilled Oklahoma City divorce attorney can provide the confidence you need to move forward.

We offer initial consultations at no cost. Discover how our family law experts can help you through a difficult time.

For a initial consultation with an experienced Oklahoma City divorce attorney, call 405-880-8222 today.

If you prefer e-mail, send us your question using the “Ask the Lawyer” form on the right side of this page.