If you are considering filing for divorce, you likely have many questions on how to best prepare yourself and your family. Below are some of the questions we commonly are asked at BMO Family Law regarding Oklahoma family law:

1.      If we cannot agree on a custody arrangement, does the mother automatically get the children?

The guiding principle in child custody matters is what is in the best interest of the child. Most judges follow the idea that having time with both parents is in the child’s best interest unless evidence indicates otherwise. Thus, it is common for a judge to order equal time and access to both parents during the temporary order phase of the divorce.

When parents cannot reach an agreement regarding a parenting plan, the judge will examine their marital history. For example, the parties will submit evidence regarding who has been primarily responsible for caring for the children, who takes them to school and their activities, who handles their medical care, and other similar matters. Additionally, the court will consider a history of domestic violence, substance abuse, and each parent’s ability to provide a safe and loving home for the child. The judge will likely try to keep the child’s schedule the same and avoid disruption as much as possible.

An experienced family law attorney understands that each judge has their own preferences for awarding custody. It is important to work with an attorney who knows the local judges and how to properly prepare before negotiating a settlement or going to trial.

2.      How much child support will I be awarded?

Oklahoma law uses a statutory chart to calculate child support based on different circumstances. The chart is based on the “shared income” model, which examines the gross monthly incomes of both parents. Combining these amounts and finding them on the chart reveals the amount of child support that must be paid for one to six children. The court also considers each parent’s portion of the health insurance premium allocated to each child.

The court also considers medical care and childcare expenses not covered by insurance and applies each parent’s percentage used for base child support.

3.      Will I be awarded Alimony/Spousal Support?

Whether or not you will receive alimony under Oklahoma law depends on various circumstances. The court will apply a two-part test to determine if one spouse should pay the other. First, the court will examine both parties’ salaries, investments, child support payments, and other income-producing resources. Second, the judge will consider whether the total amount received by all income resources is sufficient to pay recurring expenses such as mortgage or rent payments. The purpose of awarding spousal support is to assist during the transition of the recipient spouse to being financially independent.

4.      How do Oklahoma courts divide assets?

The best option for dividing assets during a divorce is for the spouses to reach an agreement and request the court approve it. However, if you cannot agree on how to divide your assets, the court will order a “fair split.” The court considers whether one spouse attempted to hide funds, waste assets, or other detrimental activities. The judge considers all assets and debts to reach a fair split. It is important to note that separate property, such as gifts to one spouse, property owned prior to marriage, legal settlements in favor of one spouse, and inheritance granted to only one spouse are not included as marital assets.

5.   What does the court consider when deciding the best interest of a child?

It is the goal of an Oklahoma court to ensure children are safe, healthy, and protected emotionally as much as possible during a divorce. Usually, a judge will want the child to maintain a relationship with both parents, but all factors impacting the child must be considered. A few factors the court will consider are what the child wants, the physical and emotional needs of the child, any dangers to the child, and the stability of each parent’s household.

Contact Babbit, Mitchell & Ogle Today

Every family law matter is unique but understanding what Oklahoma courts consider in your case is critical. The best interest of the child is always the priority. The law requires both parents to financially support their children.

If you are looking for a family law attorney, contact BMO Law for a consultation. We aggressively fight on behalf of our clients. There are long-term implications for those affected by a family law case, and we are here to protect your best interests. Call us at (405) 692-7676 to schedule your appointment.

At BMO Law, you are not just getting one attorney, you are getting a team!