Domestic Relations Lawyers
Whether you want to file for divorce or you face another domestic relations matter, you should contact the Law Offices of David L. Powell today. We might be able to represent you in your case and advise you about the available legal options.
Domestic relations is an area of law that involves matters within a household or family. It includes divorce, adoption, paternity, and domestic abuse, among other types of disputes. The Sallisaw domestic relations lawyers of the Law Offices of David L. Powell have years of experience handling a range of family law matters. We understand the sensitive nature of your situation and will handle it with the utmost respect and professionalism.
Choosing to file for divorce isn’t easy. The process can be emotional and lead to various financial and legal ramifications. When you decide it’s time to end your marriage, you face negotiations regarding child custody, alimony, the division of your assets, and other situations. It can be overwhelming for anyone to handle.
You don’t have to go through this difficult time in your life alone. The Law Offices of David L. Powell will stay by your side during the entire process. We will guide you through every step and try to resolve the matter promptly and fairly. Our goal is to protect your rights and meet your needs so you can walk away from your marriage with everything you are entitled to.
Learn more about what the Law Offices of David L. Powell can do for you by calling 479-222-6773 for a free case evaluation with one of our domestic relations lawyers in Sallisaw, OK.
Domestic Relations Cases the Law Offices of David L. Powell Handles
The Law Offices of David L. Powell represents clients in numerous domestic relations matters, including:
- Divorce – Negotiating the elements of a divorce can be challenging. Even if you proceed with the process amicably, you and your spouse could disagree about certain aspects. The Law Offices of David L. Powell can be your advocate and pursue your desired outcome.
- Adoption – It’s exciting when you decide you want to expand your family. Whether you’re interested in an international, local, or national adoption, you should not proceed without hiring an experienced legal team.
- Property division – One of the most contentious battles during divorce is deciding who gets what assets. When it’s time to divide your real estate, bank accounts, and other property, you want to ensure you receive what’s rightfully yours.
- Protective orders – Anyone in a family or household can be the victim of domestic violence. You might need to petition the court for a protective order when that happens. This can protect you from further abuse while you’re going through a divorce or finding a solution to keep your child safe.
- Guardianship – State law requires guardianship when it appears necessary. If you have a minor child or dependent adult in need of care, the Law Offices of David L. Powell can help you with the legal procedure of appointing a guardian.
- Child custody and visitation – Negotiating child custody and visitation is one of the most complicated aspects of a divorce. Whether you reach an agreement with your spouse or require litigation, meeting your child’s needs and interests should be the primary goal.
- Child support – Parents are responsible for providing for their children. After divorce, one parent might need child support payments from the other to afford necessities, such as shelter, food, clothing, and medical care.
- Paternity – The issue of paternity might arise during child custody, child support, or another family law matter. Proving a paternal relationship can be an uphill battle. You should not pursue your case without representation from one of our Sallisaw domestic relations lawyers.
- Child Protective Services – When Child Protective Services investigates you or someone else, the process is scary and overwhelming. Whether you’re at the center of an investigation or believe your child will be safer away from someone in your family or household, you should consult the Law Offices of David L. Powell.
- Spousal support –Maybe you depended on your spouse for financial support throughout your marriage and now don’t have the means to support yourself after divorcing. The court will consider a range of factors when determining whether someone is entitled to alimony. We can help you present the best case in your situation.
If you need legal representation during your domestic relations case or face a dispute you want to resolve, contact the Law Offices of David L. Powell immediately.
Difference Between a Contested and Uncontested Divorce
You have two choices when you file for divorce. You can get either a contested or an uncontested divorce.
A contested divorce means there are disputes between the divorcing couple. The parties can’t agree to specific terms of the arrangement. Spouses might have trouble negotiating spousal support, child custody, and property division.
One party might file a petition in court for a judge to resolve the issues. This gives the judge authority over how to settle the case. Litigating a divorce is more costly and time-consuming than other means. There’s also limited control over the final decisions since it’s up to the judge to decide.
A divorcing couple typically agrees on aspects of the divorce when pursuing an uncontested divorce. They might not agree on all the terms, but negotiations are possible. It’s often a more amicable situation than a contested divorce because each party is willing to resolve the matter without going to court.
How to File for Divorce in Oklahoma
Oklahoma law requires a divorcing couple to meet the residency requirements before filing their petition in court. At least one spouse must be a resident of the state for six months or more before initiating the divorce process.
Typically, judges will grant a divorce on a no-fault basis. That means you don’t need grounds for a divorce to file, and the reason for the divorce is “incompatibility.” However, if you want to pursue a fault-based divorce, you can. You would have to cite the reason for the petition, such as:
- Extreme cruelty
- At least one year of abandonment
- Gross neglect of duty
- Habitual drunkenness
You can only file for divorce in the district court in one of two places:
- The county where the non-filing spouse resides, or
- The county where the filing spouse has lived for at least 30 days prior to filing.
Oklahoma is an equitable division state regarding the division of property. That means the court will divide marital property in a way that’s equitable or fair. However, fair doesn’t necessarily mean you and your spouse must split everything down the middle. Equitable division considers various factors, such as:
- Ability to work
- Income and debt
- Which parent has custody of the children
- Conduct that might decrease or increase the value of the property
There are two types of property in a marriage – marital and separate. Marital property is all property acquired while the parties were married but before they separated. Examples include:
- Real estate
- Motor vehicles
- Retirement plans
- Bank accounts
The court will determine what counts as marital property and divide it between the spouses.
Separate property is any property either spouse acquired during the marriage or owned before getting married, such as:
- A gift received from a third party while married
- Real estate owned before marrying
- Inheritance from a family member before or during the marriage
- Property acquired while married in only one spouse’s name and not for the benefit of the other
Child Custody and Visitation
Child custody refers to a person’s parental rights, including the right to make decisions regarding the child’s education, religion, health, and care. The courts consider the best interests of the child when determining which parent should have custody and whether the other should be allowed visitation.
Common factors used in deciding custody of a child include:
- Each parent’s mental and physical health
- The child’s emotional and educational needs
- Each parent’s willingness to foster their child’s relationship with the other parent
- Either parent’s history of child abuse, neglect, or domestic violence
- The child’s adjustment to home, school, and the community
- The child’s relationship with any siblings and their extended family
Visitation is for the benefit of the child and the parent they don’t reside with. The divorcing couple must agree to a visitation schedule or bring the case to court for a judge to create a schedule.
Either person can petition for spousal support during divorce proceedings. Three types of alimony are available in Oklahoma – temporary, short-term, and permanent. State law doesn’t offer specific guidelines judges can use while determining whether they should award spousal support. However, they might consider factors such as:
- Each spouse’s earning capacity
- The duration of the marriage
- Standard of living while married
- Each spouse’s income and liabilities
- Non-monetary and monetary contributions to the marriage
- Whether the supporting spouse can maintain financial independence while providing spousal support
- Age and health of both parties
- Whether one spouse contributed to the other’s earning capacity while married
It’s up to the judge to use their discretion during spousal support cases. They have the power to decide the type of alimony they award, the amount of the payments, and how long the support will last.
The Law Offices of David L. Powell understands the toll a divorce can take on a person. It’s an emotionally charged and stressful situation for anyone to handle. Our domestic relations lawyers in Sallisaw, OK, will treat you as a priority while working on your case. We will fight by your side and try to achieve the best possible result. You can count on us to create a strategy to meet the unique needs of your case and protect your legal rights.
If you need representation during your divorce, spousal support negotiations, or another family law issue, call the Law Offices of David L. Powell for your free consultation at 479-222-6773 now.