Family Law FAQ

How is property/debt divided in divorce?

October 14th, 2013 by Nick Woodward

Each party to a divorce is entitled to “just and reasonable” division of the parties’ marital property and debt. [1] The first step in many divorce cases is identifying what property would be considered ‘marital’ and what, if any, property of either party might be separate and not subject to the court’s division of property. Many factors are considered in making this determination, including the timing that this property and/or debt were acquired. Is that inheritance I received from my uncle last year my separate property or is it marital property?

The same rules used to divide property in a divorce are generally applied to the division of debt. It is important to note that the “just and reasonable” aspect of Oklahoma property division law affords the court the ability to make an equitable division of property, not necessarily an equal division of property. An experienced attorney can create opportunities through property division that may lead to an equitable advantage in your case.

If you would like more information regarding property and debt division, our office can provide you with property/debt division and financial declaration worksheets to help you identify the information we will need to assess your case.

What are the requirements for a divorce in Oklahoma?

October 14th, 2013 by Nick Woodward

Oklahoma law requires that you (or your spouse) be a resident of this state for at least six (6) months prior to filing a request for divorce. Additionally, the divorce action can be filed in any county within the state in which either of you have resided for the last thirty (30) days.

As grounds for divorce, it is allowable under Oklahoma law that you may be divorced for a multitude of reasons, ranging from adultery to abandonment and insanity. However, because Oklahoma is what is commonly referred to as a “no-fault” divorce state, a vast majority of divorces are granted on grounds of incompatibility.

What power does the divorce court have?

July 2nd, 2012 by Nick Woodward

According to the Oklahoma Bar Association: “The divorce court, upon application and hearing, will issue a temporary order concerning possession of property, custody and visitation of children, support and payment of any expenses connected with the case under which the parties will operate until the conclusion of the case. The court will, at the time of trial or settlement, equitably and fairly divide the marital property and debts; address child custody/visitation and child support, and grant the divorce; it may, if appropriate, award support alimony and attorney fees and costs, but not always.”