Divorce
Facing a divorce can be overwhelming, with many legal and emotional challenges ahead. Understanding your rights and the divorce process is crucial to protect your future and your family’s well-being. Whether you need guidance on issues before, during, or after divorce, consulting a knowledgeable Tulsa divorce attorney can make a significant difference in navigating these difficult times.
When you need trusted legal support, the Tulsa attorney team at Wirth Law Office is ready to help. Experienced in handling complex divorce matters, they provide clear advice tailored to your situation. If you need legal help, call Wirth Law Office at (918) 879-1681 for guidance through every step of your divorce case.
Can You Undo a Divorce in Oklahoma?
Under Oklahoma law, a divorce can potentially be undone if both parties reconcile under specific conditions. According to Title 43, Section 133, a divorce decree may be vacated if both individuals file a joint petition with the court without either remarrying since the divorce. If these conditions are met, the original marriage is reinstated as if the divorce never occurred. However, this legal option requires careful consideration. Reinstating the original marriage date could affect property division, estate planning, or asset ownership. Choosing to remarry instead offers a clean slate for assets acquired post-divorce, highlighting the importance of consulting an attorney. Read more »Divorce Mediation: Is It Final?
Mediation serves as a collaborative process aimed at reaching a mutually acceptable agreement, distinct from arbitration where decisions are binding. In most cases, agreements formed during mediation are considered legally binding once signed, leaving little room to change one's mind afterward. No automatic cooling-off period exists unless explicitly stated in the mediation agreement. Consequently, it's crucial to be certain of the terms before signing. Extraordinary circumstances might allow for reconsideration, but such situations are rare. For guidance on navigating mediation outcomes, consulting with a Tulsa family attorney is advised to explore available legal options. Read more »Dividing Retirement Accounts in Divorce: What You Need to Know
Navigating the division of retirement accounts during a divorce can be complex. As Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma, I aim to simplify this process. Generally, each spouse is entitled to half of the retirement funds accrued during their marriage. For instance, if $50,000 accumulates in an account during the marriage, each spouse would typically receive $25,000. Often, couples may have separate accounts of similar value, allowing for easier settlements without divisions. When division is necessary, a Qualified Domestic Relations Order (QDRO) is used to specify terms. For personalized guidance, contact our office. Read more »Transforming Your Divorce: From Contested to Uncontested
Are you facing a contested divorce and wish to resolve it without going to trial? I'm Carl Birkhead, an attorney with Wirth Law Office in Tulsa, Oklahoma. With seven years of experience in family and criminal law, I aim to make law accessible by guiding you on transforming a contested divorce into an uncontested one. Courts prefer amicable resolutions, as parties tend to be more satisfied with agreements they reach themselves. Mediation often proves effective, fostering compromise through a neutral third party. My advice? Try to settle and negotiate a livable agreement. For more guidance, feel free to reach out. Read more »Why Contested Divorces Cost More: A Detailed Breakdown
Contested divorces are typically more costly due to the complexity and unpredictability involved. Unlike agreed divorces, where terms are settled amicably, contested cases require extensive legal work. Attorneys usually charge hourly, increasing costs as disputes over assets, child custody, and support prolong. Each party may engage in additional legal maneuvers, like discovery and depositions, further escalating expenses. The uncertainty of how much work a case will demand prevents upfront flat-fee arrangements. While most cases settle before trial, the potential for a drawn-out process with expert witnesses and investigations can significantly raise costs, making personalized legal consultation crucial. Read more »Can I Get Exclusive Use of the Home in My Divorce?
In a divorce case in Oklahoma, one of the common questions that arises is whether one party can get exclusive use of the marital home. Attorney James Wirth explains that typically, one of the parties will be awarded exclusive possession of the home, especially if there is tension between the spouses. The court will consider factors such as the best interests of any children involved, the relationship between the parties, and who is requesting exclusive possession. Ultimately, the court will make a decision based on what is deemed most fair in the specific circumstances of the case. To discuss your situation and seek legal advice, it is best to consult with an experienced attorney. Read more »Can My Wife Move In Her Boyfriend?
If you're in a situation where your wife wants to move in her boyfriend, there are a lot of factors to consider, especially if there are children involved. While legally she has the right to choose who she lives with, the court may take issue if it's not in the best interest of the children. It's important to consult with a lawyer to understand your rights and options in this situation. Factors such as the boyfriend's background, the children's exposure to him, and potential custody implications should be carefully considered. To schedule a consultation with a lawyer, visit MakeLawEasy.com. Read more »Can a Divorce Require a Name Change in Oklahoma?
Can a divorce require a name change in Oklahoma? Attorney James Wirth explains that while the court cannot force a name change post-divorce, the individual who had their name changed for the marriage can request to go back to a prior name. This is not mandatory, and there are no gender rules regarding this decision. The husband cannot make requests regarding the wife's name post-divorce, as it is ultimately up to the individual who had their name changed. If you are facing this situation, it is recommended to seek legal advice from an attorney. Schedule a consultation with Attorney James Wirth at MakeLawEasy.com. Read more »Do I Need an Agreement to File for Divorce in Oklahoma?
Do I need an agreement to file for divorce in Oklahoma? Attorney James Wirth answers this common question, explaining that while having an agreement can make the process simpler and faster, it is not necessary. In most cases, couples are not in agreement when filing for divorce, which is why they are seeking legal intervention. Through the court process, opportunities for settlement and negotiation arise, with mediation often being a requirement before trial. Ultimately, many cases result in an agreed final order rather than going to trial. If you are facing a divorce and need legal advice, reach out to an attorney for guidance tailored to your specific situation. Read more »What Is Support Alimony?
Support alimony is a complex issue that often arises during divorce proceedings. In Oklahoma, it is not clearly defined in statutory law, leaving it up to the discretion of the court. The two-pronged test involves determining if one party has a need for support and if the other party has the ability to meet that need. This assessment is based on individual budgets and financial circumstances. If one party has a deficiency and the other has an excess after expenses, the court may allocate support alimony accordingly. It's important to seek legal advice to understand how support alimony may apply to your specific situation. Read more »If I Move Out Prior to Filing for Divorce Will that be Considered Abandonment?
If you're considering moving out before filing for divorce, you may be wondering if that constitutes abandonment. Tulsa Attorney James Wirth explains that while Oklahoma is a no-fault divorce state, abandonment is still a factor that can be considered in certain contexts. It's important to understand the potential consequences of leaving the marital home, especially if you have specific goals regarding custody or property division. Judges typically prefer to maintain the status quo, so making strategic decisions about your living situation can impact the outcome of your case. Consulting with an attorney to discuss your individual circumstances and goals is key to navigating the divorce process effectively. Read more »Will My Spouse Get Half of Everything in Divorce in Oklahoma?
Are you going through a divorce in Oklahoma and wondering if your spouse will get half of everything? Tulsa Attorney James Wirth explains that while a 50-50 division is common, it is not a strict rule. The court looks at marital assets and debts, separating out any separate property that was owned prior to the marriage or acquired through inheritance or gift. The court then aims for an equitable division of marital property, which often results in a 50-50 split. However, the court has the discretion to deviate from this if it deems it fair. For personalized legal advice, contact James Wirth's office at MakeLawEasy.com. Read more »Is Marriage Counseling Required in Order to Get Divorced in Oklahoma?
Marriage counseling is not required to get a divorce in Oklahoma, but completing certain types of counseling can result in a reduced court filing fee. Tulsa Attorney James Wirth explains that Oklahoma has made it more difficult to get divorced in recent years, with waiting periods and other requirements in place. While marriage counseling is not mandatory, it can be beneficial in certain cases. If you are considering divorce in Oklahoma, it is important to consult with an attorney to understand your rights and options. To schedule a strategy session with a lawyer at James Wirth Law Office, visit MakeLawEasy.com. Read more »Who Gets the Dog in Divorce in Oklahoma?
Who gets the dog in the divorce? Tulsa Lawyer James Wirth breaks down the legalities of pet custody in a divorce. In Oklahoma, dogs are considered property, but recent changes allow for special circumstances. If the dog was owned before the marriage, it may be separate property. However, if it is considered marital property, the court will decide based on what is fair and equitable. Factors such as the relationship to the parties and how the dog has been treated will be considered. If you're facing this situation, seek legal advice to navigate the complexities of pet custody in a divorce. Visit makelaweasy.com to schedule a consultation. Read more »Can I Change the Locks During my Divorce?
In the midst of a divorce, one common question that arises is whether or not you can change the locks on your property. Oklahoma Attorney James Wirth sheds some light on this often murky issue. From a legal standpoint, physically changing the locks is possible, but the consequences vary depending on the specific circumstances. If there is a court order in place prohibiting such actions, violating it could lead to contempt of court charges. Additionally, changing the locks without permission could potentially make you look bad in the eyes of the court. Seeking the advice of a knowledgeable attorney is crucial to navigate this complex situation. Read more »What are the Stages of a Divorce Case in Oklahoma?
Are you going through a divorce in Oklahoma and wondering what to expect? Tulsa Lawyer James Wirth breaks down the seven stages of a divorce involving minor children in this informative excerpt. From the initial pleading to the final trial, each stage is crucial in determining the outcome of your divorce. With detailed explanations and insights, James Wirth provides a comprehensive overview of the divorce process in Tulsa County. Whether you're filing for divorce or responding to a petition, understanding the stages of divorce can help you navigate the legal proceedings with confidence. For personalized legal advice, schedule a consultation with James Wirth at makelaweasy.com. Read more »Will Dating during Divorce Hurt My Custody Case in Oklahoma?
Discover how dating during a divorce can influence your legal proceedings, including custody battles, with expert guidance from Tulsa Attorney James Wirth. Book a confidential strategy session to address your specific concerns and safeguard your case. Read more »Where to Get a Jurisdictional Affidavit for an Oklahoma Divorce?
Discover the role of jurisdictional affidavits in divorce proceedings with Attorney James Wirth. Understand how COVID-19 has impacted the process and learn where to find resources for creating your own affidavit. Get informed and take the right steps for your case. Read more »Filed for Divorce and Ex Moved Out of the Country. Can I Still Get Divorced in Oklahoma?
Learn about the legal options available when filing for divorce with an overseas ex-spouse. Attorney James Wirth explains the jurisdictional requirements in Oklahoma, overcoming service obstacles, and ensuring the progress of your divorce proceedings. Don't let distance hinder your divorce—seek expert guidance and schedule a consultation today. Read more »How to Start the Divorce Process in Oklahoma?
In my years of experience as a divorce attorney in Oklahoma, I have seen the divorce process play out in various ways. From filing initial pleadings to attending mediation and ultimately finalizing a divorce decree, each step can be complex and emotionally draining. It's important to have a knowledgeable attorney by your side to guide you through the process and ensure your rights are protected. If you are considering filing for divorce or have already begun the process, don't hesitate to reach out for legal assistance. I am here to help you every step of the way. Read more »In a Pending Divorce Case, Who Pays When a Car Payment Is Late?
In a divorce proceeding, determining who is responsible for a late car payment can be complex. Tulsa attorney James Wirth explains that when a divorce petition is filed in Oklahoma, an automatic temporary injunction is attached, requiring payments to be made as usual. This means that whoever historically paid the bill should continue to do so. However, to ensure clarity, Wirth recommends filing an application for a temporary order, which will govern payment responsibilities during the divorce process. It's important to note that while a judge can order one party to pay, they cannot prevent the creditor from pursuing the other party if they are also listed on the debt. To protect your credit, it may be wise to take on the payment responsibility, with the potential for reimbursement in the final divorce decree. Seeking advice from an attorney is recommended to navigate this situation effectively. To schedule a consultation with James Wirth, visit MakeLawEasy.com. Read more »Is Oklahoma an Alimony State?
In Oklahoma, determining spousal support or alimony is at the discretion of the court rather than being based on a specific length of marriage. The court considers factors such as the need to be supported, the other party's ability to provide support, and the requested amount in relation to the marriage. If you sacrificed your career or education for the marriage, it can strengthen your case for spousal support. The court also has discretion in determining the duration of support, with no specific rule regarding the length of marriage. If you need guidance on spousal support in Oklahoma, it is recommended to consult with an attorney who can provide personalized advice based on your situation. Read more »Does Oklahoma's 6-Month Prohibition on Remarriage Begin When a Divorce Petition is Filed?
In Oklahoma, the six-month prohibition on remarriage after a divorce does not begin when the divorce petition is filed or when you separate from your spouse. It actually starts on the date when the court officially dissolves your marriage. During this period, it is illegal to remarry within the state of Oklahoma or even remarry out of state and reside together in Oklahoma. Although the offense of bigamy is rarely prosecuted, it is important to comply with the state's laws. If you have further questions about family law in Oklahoma, it is best to consult with an attorney privately and confidentially. To schedule a consultation with Tulsa Attorney James Wirth, visit MakeLawEasy.com. Read more »Can I Avoid Oklahoma's 6-Month Prohibition on Marriage if We Separated a Long Time Before Divorce?
Separation Doesn’t Matter Can I avoid Oklahoma’s six months prohibition on remarriage if my ex and I were separated a long time before divorce? I’m Tulsa Attorney James Wirth and that’s the question that we have. It is a statutory question. It is under Oklahoma Statutes Title 43, Section 123, and it provides that when […] Read more »I Signed an Unfair Divorce Settlement Agreement; Can I Get Out of It?
Get expert advice from Tulsa Attorney James Wirth on getting out of an unfair divorce settlement agreement. Read more »
