Divorce

The process of getting divorced often starts long before your case begins. Start by deciding what you want to happen with your assets, such as your home, your retirement accounts, and any debts you have. You should also consider what you want in terms of custody and visitation for your children. It is also important to ensure that you have access to marital funds before filing, as people often try to freeze or remove access to accounts beforehand. These are important questions that you should discuss with an attorney.

Unfortunately, there is no clear answer to how long a divorce can take. Some divorces can be done rather quickly, whereas high-conflict divorces can take years to complete. The first step in determining how long your divorce may take is requesting a consultation and discussing it with an attorney.

When a divorce case is pending, the court will commonly enter what are called temporary orders. These are orders that decide what happens with child custody, visitation, child support, possession of marital property, and the handling of marital expenses. Temporary orders are often the first time that spouses’ finances are separated, so it’s worth discussing them with your attorney early.

Property is generally divided into two categories: separate property and marital property. Separate property usually includes what you owned before the marriage, what you earned after the date of separation, and gifts and inheritances you received. Separate property is generally not divided, unless it is mixed into the marital estate. Marital property, which is what you and your spouse acquired during the marriage, is what is usually divided.

Oklahoma courts are required to divide the marital estate fairly, which the law calls an “equitable” division. Often that means something close to an even split, but equitable doesn’t always mean equal. The house, retirement accounts, and debts are all part of that division. A court can adjust the split for reasons such as one spouse wasting or hiding marital funds, or awarding property in place of spousal support. An attorney can explain how your house, accounts, and debts would be handled.

Spousal support, also called alimony, isn’t automatic. A judge decides based on the facts of your case, including (but not limited to) how long you were married, the difference in each spouse’s income, whether one spouse needs support, and whether the other can afford to pay. It’s worth talking with an attorney early, since a claim for support or a defense against one is easier to handle from the start of a case.