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Tulsa Family Law Blog

Court likely to consider many factors in determining support

For people in Oklahoma who are approaching or going through a divorce, it might be helpful to know what judges are likely to consider when making alimony or spousal support determinations. Judges are given a lot of leeway regarding what they might consider and their decisions are heavily depending on the facts of a particular case, but some general guidelines may be useful. The court will typically take into account all types of income or compensation from work as well as any other income.

Courts might consider each spouse's salary, employment perks, deferred compensation, bonuses, distributions from partnerships, retirement contributions or carried interest. Typically, the first place a judge will look is the person's most recent federal tax return, but he or she has the power to investigate more deeply. The court might look into income that hasn't been reported or investigate means that seem to exist beyond the person's tax return.

Protecting credit after a divorce

When people in Oklahoma decide to divorce, they are often aware that the financial effects of the separation will be significant. After all, major assets like the family home or retirement funds will need to be divided. However, the financial aspects of divorce can move beyond the direct effects of property division. Many people may not consider their credit as part of a divorce, but it can be a significant issue. If a spouse does not take action to protect their credit scores, they may witness serious damage during a divorce.

Of course, negative credit issues can affect a person's ability to get a loan or obtain credit for many years to come. At the same time, getting a divorce does not, in and of itself, make a person's credit worse. Marital status is not a factor in a credit score. However, other issues associated with the divorce can pose a serious problem. In the first place, the divorce decree that handles matters of asset division binds only the divorcing spouses, not their lenders. Therefore, if the decree includes a decision that one spouse is responsible for some types of joint credit payments, the original lender can still hold both former spouses responsible.

Steps to take after a divorce is finalized

When people get divorced, there may be a series of events that need to take place after their marriages officially end. For instance, it may be necessary for Oklahoma residents and others to change the name that is displayed on official documents. These documents may include a credit card, bank statement or driver's license. It is also a good idea to change beneficiary designations on retirement accounts and other assets that currently have them.

Other estate planning actions, such as writing a new will, may also need to occur. Furthermore, a person should consider appointing a new person to be the executor of a will or the trustee of any trust that is created after a divorce. If a former spouse is currently a health care proxy or has financial power of attorney, make sure that his or her power is revoked.

Valid Reasons for Modifying a Child Custody Arrangement

In Tulsa, a child custody arrangement does not always work. Sometimes, a parent may need to ask the court for a child custody modification. However, the parent needs to have a good reason for the change because a judge may prefer to abide by the original arrangement. A judge is likely to grant a child custody & support modification request if the parent can prove that the child's life is in danger.

A judge considers whether the parent with legal custody is guilty of domestic violence and if the danger is an immediate threat to the child's life. Another valid reason is when a parent wants to relocate to a city that is far away from the child's current home. The court may consider modifying the custody arrangement if the move makes it impossible for the child to see their non-custodial parent.

‘Birdnesting’ allows children to stay in one home after divorce

Often, when parents are awarded joint custody of their children, the children must travel from one home to the other home. Although some kids adapt to this change quickly, others may struggle getting used to having two homes, especially at a time filled with so many other changes. However, parents often do not realize there is an alternative.

'Birdnesting' is a co-parenting arrangement that can allow your children to stay in the marital home. Instead of your children alternating houses, you and your former spouse will alternate staying in the marital home and staying in an apartment. Each parent stays in the marital home when he or she is caring for the children and then stays in an apartment when not caring for the children.

New investment vehicle presents new challenges in divorce

Divorce attorneys in Oklahoma are used to cases involving different types of assets in the martial estate, from real estate and small businesses to retirement accounts and mutual funds. But a new type of asset presents unique problems in dividing martial assets: Cryptocurrency has a unique set of challenges.

Cryptocurrency first became available 10 years ago and has grown exponentially since that time. It is a type of digital currency that is exchanged on a decentralized, peer-to-peer network. Assets are created, stored and exchanged electronically through the network.

The rise in grey divorces

Many Oklahomans may be part of the rising trend of grey divorces, aka splits that involve spouses over age 50. According to research, the overall rate of divorce in the United States has steadily declined over the last two decades. However, the rate for gray divorces has increased during the same time.

To understand the rise in grey divorces, it is necessary to examine how long-term marriages are impacted by certain aspects of life. One of the biggest issues for many unhappy couples is finances. If one spouse has difficulty managing finances properly, or if a couple is saddled with debt and continuously argues about money, a divorce can be likely.

Tips for preparing for a divorce

People in Oklahoma should take steps to improve the likelihood that their divorce will go relatively smoothly throughout the stages of filing, discovery and disposition. Although some issues cannot be resolved without going into litigation, other divorces can be settled with mediation or a collaborative divorce. Preparation should help with any of these outcomes.

First, people should make sure they really want to go through with the divorce as the process can be difficult and stressful. Each person should also research state law on divorce. Organizing financial paperwork and creating a post-divorce budget are important as people think about their goals for life after the divorce. Having a budget and goals in mind can help a person think realistically about what to ask for in the divorce.

Main reasons for a divorce

As any married couple in Oklahoma knows, maintaining a marriage is hard work. It requires patience; compromise; and, occasionally, sacrifice. That being said, it is also worth it in the long run, especially if the married couple makes each other happy. However, in order to keep a marriage going, individuals need to know the main elements that lead to the deterioration of a marriage as well as how to best handle them.

With all of that said, it should come as no surprise to learn that one of the main reasons couples end up getting divorced is that they have little to no education about what is to come once they say 'I do." As a matter of fact, a good education is so important that even couples who took preparatory courses felt that they weren't enough. Some people were of the opinion that there should have been more counseling whereas others felt that the course wasn't instructive enough in regard to the different phases a marriage goes through. After all, like all living things, a marriage grows and morphs over time, and couples need to adapt to that.

Marriages more likely to end when wives get sick

Some couples in Oklahoma don't give all that much thought to the "in sickness and in health" part of traditional wedding vows. After all, not too many spouses mind occasionally having to pamper or tend to a mate who's a bit under the weather. However, when a serious illness occurs, it can sometimes place a major strain on a marital relationship. Specifically, it's women with health problems who are more likely to experience the end of a marriage than men.

One study found that it's only the onset of a wife's illness that's associated with a greater risk of divorce. Additional clinical studies show that husbands are more likely to be the ones making a trip to a divorce law firm if their wives are diagnosed with cancer. Researchers also discovered that stroke and heart problems could increase the risk of a marriage coming to an unexpected end for women.

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