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Divorce

Generally, Oklahoma divorce proceedings cover:

Allocation of marital assets

  • Large estates require additional litigation due to the division of the assets, determination of separate property, and increase in value of the marital estate during the marriage

Division of marital debt

  • The Court tries to divide the marital debt equitably, but that does not automatically mean equally.  If one party is in a much better situation to retire marital debt than the other, the Court may order one Party to pay more than 50% of the Partys’ marital debt.

Physical custody of minor children

  • Physical custody of the minor children is simply who has the child when

Legal custody of the minor children

  • Legal custody is how decisions are made for the minor children’s welfare and upbringing.
  • There are three (3) general types of custody:
    1. Sole, where the sole custodian can make decisions on their own;
    2. Joint, where both parties must confer and come to an agreement between each other on major life decisions;
    3. Split, where one parent only one parent (2) Joint
  • Factors that affect both legal and physical custody and visitation include drug use, alcohol abuse, domestic abuse, child abuse, criminal activity, and child neglect.

Visitation of minor children

  • Standard visitation can vary from county to county but generally from every other Friday to Sunday night or Monday morning.  Some Counties also provide for a weeknight overnight in the off week.
  • Visitation can exceed standard visitation guidelines.
  • Each County outlines how Holiday visitation is split between the Parties.

Payment and collection of child support

  • Child Support is calculated by each Parties Gross Monthly Income
  • Payment calculation also considers what is being paid for health insurance and any daycare expenses
  • Collection of child support is generally by income assignment with payment made to the DHS Central Registry

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