Category Archives for Divorce
Tulsa Child Custody Options
Tulsa Child Custody Options
How do you split the time with the kids? That’s one of the main concerns in any Tulsa child custody case. The tone of the divorce often sets the tone for custody hand offs. Many people think about how often they can handle seeing their ex. But research shows child custody might be better when it’s designed around the needs of the child.
The Denton Law Firm can help you draft a custody agreement that works best for your family. Our caring child custody attorneys will work with you to develop a productive time share plan. Email or call today. (918) 221- 3999.
Babies
When considering how to split time with an infant, keep this in mind: some university studies say that the baby sleep every night at the same house. This means visits should be afternoon or early evening visits so the child can maintain a sleep schedule.
Tulsa child custody visits are probably the most important part of your divorce. Bonding time with your child depends on a good contract, one that works for both sides. The Denton Law Firm is prepared to draw up custody agreements or work via mediation to provide the best solution possible. Call (918) 221- 3999.
Toddlers
From eighteen months to three years, kids can begin overnight visits on the weekend. The length of the child custody visits is subjective, based on your relationship with your former spouse.
The relationship between parents has a huge effect on the kids. Keep everything as positive as possible. Let the Denton Law Firm negotiate your Tulsa child custody agreement. We’ll be the intermediary and negotiate a fair custody agreement. Email or call (918) 221- 3999.
Preschoolers
Kids age three to five can start to spend the entire weekend away from the primary caregiver’s home. They might also spend weeknights. But its still important to keep the same schedule for sleep at both houses. Agree on bedtime.
If your child is getting older and you need to change your Tulsa child custody arrangements, contact the Denton Law Firm . We’re here to help ensure you end up with the best custody agreement possible. Contact us.
School Age Children
Once children are six, they can split the week between each parent’s home. Around age ten, kids can start spending a week at each parent’s house. Of course, every family situation is unique, but it is important to . The Denton Law Firm understands and respects that. We are fully prepared to help you draft a Tulsa child custody agreement that works for you and your children. Call or email to get started. (918) 221- 3999.
Useful Links
Oklahoma Department of Human Services
Tulsa Child Custody Determinations
How to Help a Child Cope with Divorce
Baby Veronica and Tulsa Child Custody Cases
Baby Veronica’s Verdict – Lessons for Tulsa Child Custody Cases
Who has more rights in a Tulsa child custody case? A biological father who signed away his rights? Or the parents who adopted his daughter? What if the child is part Cherokee and subject to the Indian Child Welfare Act?
The Denton Law Firm can help you with the questions above, those asked in the Baby Veronica case, or questions about your own child custody issues. Call for a free consultation today. (918) 221-3999.
Tulsa child custody cases can become fierce when both sides want to retain full custody of a child. Baby Veronica’s case is one such example. When her father, Dusten Brown was deployed to Iraq several years ago, he gave up custody to the girl’s mother. Veronica’s mother then put the baby up for adoption. Veronica was adopted by a South Carolina couple.
Two years later, Mr. Brown went to court to try to regain custody of his child. He used the Indian Child Welfare Act to do so and Veronica lived with him for two years. The Capobiancos (Veronica’s adoptive parents) continued to fight for the girl they considered their daughter. After two more years of court rulings and appeals the Supreme Court of Oklahoma lifted a ruling that kept Veronica in Oklahoma while her father pursued custody.
The result? Baby Veronica is back with her adoptive parents despite the fact that custody negotiations are still ongoing.
Baby Veronica’s case is complicated by the rules regulating the children of American Indians, who are subject to a degree of tribal jurisdiction. But, any Tulsa child custody case can become a battle. That’s why it’s important to carefully select a Tulsa child custody attorney who can confidently and carefully negotiate for you. It’s important to remember before beginning Tulsa child custody agreements that the court is obliged to look to the best interest of the child. At the Denton Law Firm, we’re aware of that. We plan for that. We help you create the best possible child custody arrangement for you and your child.
Child custody issues can be difficult. But they don’t have to be agonizing. Let the Denton Law Firm help you to ensure everything about your arrangement is properly documented. Let our experienced Tulsa child custody attorneys help you today. Email us or call (918) 221-3999.
Related Links
Divorce Property Division
Divorce Property Division
Worries about divorce usually revolve around two things: the kids and the property division. If you are thinking about a divorce in Tulsa, you might think that your assets will just be split down the middle. After all, Oklahoma is an equitable distribution state. But “equitable distribution” really only means, “fair share”. Contrary to what most people think, a “fair share” of the property does not always mean a 50/50 split. Rather, in many cases one party gets more of the property than the other side. That is why it is critical that you have an experienced Tulsa Divorce Lawyer working on your side. We can help. Call or email us today: (918) 221-3999.
During a divorce, the judge will look at things like earning potential and child custody before the divorce property division occurs.The court considers each spouse’s contributions to the marriage. The judge may also take into account misconduct.
There are so many factors a judge can consider and there are so many ways your former spouse can argue for a larger share of the pie. Don’t be caught off guard. We are the Tulsa Divorce Lawyers who can help. We will guide you through the property division process to ensure you receive a fair share of the assets. Call us for a free consultation regarding your situation today. (918) 221- 3999.
What is Divided?
All property, money, or debts that appear during the marriage are eligible for divorce property division in Tulsa. Property includes not only the house and cars, but even furniture. Money includes the bank account and all retirement accounts. And debts can include anything from a line of credit to the credit cards your ex might not have told you about.
The exceptions are inheritance, items acquired prior to marriage, or gifts. Of course, prenuptial agreements change the nature of divorce property division.
There are many complications during divorce property division. It can turn into a bitter and emotional battle. That’s why having an experienced divorce attorney at your side is key. We are the Tulsa Divorce Attorneys who can pursue property division using the approach you are most comfortable with. We can utilize mediation techniques to make the process as painless as possible. Or we can aggressively pursue a settlement that’s fair to you. Email or call us today. (918) 221- 3999.
Useful Links
Tulsa Child Custody Determinations
Tulsa Child Custody Arrangements
In Tulsa, child custody decisions during a divorce are based on what’s best for the children. But custody is not an open and shut item. It’s an ongoing issue. Your children’s best interests might change.
Keep that in mind as you coordinate time sharing with your former spouse. Stay focused on your children and what they need. Don’t focus on the irritating actions of your ex. But, if your ex makes it difficult to adhere to the child custody agreement or if your children are in danger from your former spouse, you should contact an attorney to determine if custody can be modified.
The Denton Law Firm will provide you with a free consultation about Tulsa child custody issues. Call (918) 221-3999 today.
Tips for Child Custody Visitation
To keep the peace in a child custody arrangement, be on time for drop offs. Make sure the kids are clean and ready to go. Don’t delay just to spite the ex. Remember, it’s your child’s time too. Think about the hand off as the start of vacation for you.
This is the kids’ reunion time with their other parent. Don’t discuss other plans or business with your ex during hand off. And don’t have your children carry messages for you. That generally increases the stress on your child. It can also cause a case of “telephone” where your message is misconstrued. Make all arrangements over the phone or via email.
If a custody dispute arises, contact the Denton Law Firm for assistance. Their Tulsa child custody attorneys can review your custody order and provide legal advice. Email or call them at (918) 221-3999.
Warnings About Child Custody
Keep in mind that once child custody is established, any of your actions can affect a judge’s ruling. Many people are angry with their ex. Don’t be surprised if your ex attempts to use child custody as a weapon against you. But, do not withhold visitation. A judge must authorize any changes to visitation in Tulsa child custody cases.
Let the Denton Law Firm help you. We can ensure you go through the proper channels to protect your rights. Call (918) 221-3999 or email us to speak to a Tulsa divorce and child custody attorney today.
Helpful Links
How to Help Children Cope with a Tulsa Divorce
How to Help Your Children Cope with a Tulsa Divorce
Your children are the most important part of your life. Its particularly important to connect with them when a big life change like divorce occurs. While the Denton Law Firm can take care of the legal aspects of your Tulsa divorce, the emotional support you provide for your children is even more important. If you are getting divorced in Tulsa, we can help you locate resources that help protect your child’s interests during your divorce.
Breaking the News about Divorce
Often, one of the most difficult aspects of divorce is telling the kids. You want them to feel loved and secure. How can you minimize the traumatic impact of this life change? If possible, it’s best if you and your spouse deliver the news about the divorce together.
In order to avoid anger or blame, it’s best to practice before telling the kids about the divorce. Keep it neutral. The discussion should be focused on your kids’ feelings, not your own. Keep it simple. Let them know what the divorce means for their lives and routines.
There are a few points to emphasize in dealing with your children during your Tulsa divorce:
- The love between adults is different than the love between a parent and a child.
- Reassure them. No one is divorcing them.
- Let them know they didn’t cause the divorce.
- Children, especially preschool age children, often believe they did something to cause the divorce. They don’t truly understand cause and effect yet. Be patient and prepared to repeat this point often.
A Typical Child’s Reaction to Divorce
Young children may regress, taking comfort in the past. Some examples of regression after divorce include bed wetting, baby talk and thumb sucking. Younger kids are also apt to act out, believing they were bad and caused the divorce. These children need routines that are consistent in both homes. Ensure you and your former spouse come to an agreement on this. It will make life easier for all involved, but particularly for the little ones during your Tulsa divorce.
Kids in grade school are often angry. They may direct that anger at the parent they believe caused the divorce. This is why the divorce announcement and later interactions between parents should be neutral. These children often need permission to love both parents. Give them permission frequently. Children may try to assume a caretaker role. Praise their efforts, but don’t let them take on too much stress. Otherwise they could have other development delays.
Teens may take news of the divorce and turn it into worries about their own future. They may wonder whether love is real, whether a successful relationship is possible, or if they are doomed to be alone. The best remedy is talking to them. Note that it’s important to treat them as a teen and your child, not a friend. Children who become their parents’ confidants may delay normal separation because they feel responsible for the parents. Keep conversations focused on them.
While there’s no right answer for every child, there are lots of resources out there. Above are just a few suggestions. The Denton Law Firm is dedicated to helping Tulsa residents get through the divorce process as smoothly as possible. If you need legal advice regarding your Tulsa divorce, alimony, child support, or child custody, call or email the divorce attorney Tulsa counts on. (918) 221-3999.
QDRO – Retirement Accounts in Tulsa Divorce
QDRO: Splitting the Retirement Accounts in a Tulsa Divorce
Today, retirement accounts are often the largest asset divided in a divorce. 401ks, IRAs, and pensions often exceed the value of the family home. That’s why it’s critical to protect yourself with proper legal guidance during the division of assets in a divorce. Otherwise, you could end up paying taxes and penalty fees when your former spouse takes his/her share of the retirement out early. Contact the Denton Law Firm today for assistance with your Tulsa Divorce and QDRO. (918) 221-3999.
What is a QDRO?
“QDRO” (pronounced quadro) stands for a qualified domestic relations order. During a divorce, it allows you to assign a percentage of your retirement account to your former spouse or vice versa. It is available for 3 reasons: dividing assets in a divorce, paying alimony, or for child support.
The QDRO is an essential component of most divorces in Tulsa because Oklahoma is an equitable distribution state. Equitable distribution means that each person will receive a percentage of the marital property based on contribution, future earnings, and other components the judge may use to create a fair division. However, fair does not necessarily mean 50:50. It is up to a Tulsa judge to define what “fair” means in your divorce. That’s why you need an experience trial attorney to assist you in persuading the judge treat you fairly during your Tulsa Divorce.
What Can I Do with My QDRO?
If you receive money via a QDRO, you can typically roll it into an IRA. If you receive retirement money and decide to withdraw it, the taxes and penalty fees are your responsibility. The exception to the rule is child support. If a parent must pay child support from a retirement account, the parent must still pay taxes. However, the language in the order must also set aside money to cover those taxes.
There is a lot to consider when splitting assets during a divorce. Correctly splitting the retirement accounts is one of the most important financial decisions in a Tulsa divorce. It will have long term consequences for both sides. It can change how long you have to work before you can retire.
Contact Us – We Can Help
Picking the right lawyer to represent you is essential. The Denton Law Firm is prepared to assist you with your QDROs and other aspects of your Tulsa Divorce. Let us help you sift through the financial details and protect you from tax or fee trouble in the future. Divorce is hard enough. Let us deal with the red tape so you can get on with your life. Call today for your free consultation relating to your QDRO and your Tulsa Divorce: (918) 221-3999.
How Long Does a Divorce Take in Tulsa, Oklahoma?
How Long Does a Tulsa Divorce Take?
One of the recurring questions family law attorneys in Tulsa, Oklahoma here is, “How long is the divorce going to take?” This is a fair question. After all, by the time you decide to get divorced you have most likely already been thinking about divorce for quite some time. You just want to be done at this point.
The short answer to the question is, “It depends.” As I have said before and will say many times more in the future, “Every divorce is as unique as the parties involved and their individual situations.” What this means is that your history, background and specific facts of your case are going to determine how long the divorce takes.
90 Day Waiting Period
If you have children, 43 O.S. § 107.1 is going to control how quickly the Court can legally grant your divorce.
43 O.S. § 107.1 states that in an action for dissolution of marriage where the parties have minor children, the court is required to wait at least ninety (90) days from the date of filing the petition before issuing a final order. The court can waive this requirement if: (1) Neither spouse objects to the waiver or (2) the spouses have attended marital or family counseling and the court finds it unlikely that the spouses will resolve their differences.
The key to whether or not you can get the 90 days waived is that you both do not object or the court finds “good cause” that counseling has not helped and the marriage is over. What justifies “good cause” is left for another article on another day. Good cause is something that lawyers and judges argue over constantly. Therefore, this is something you would need a skilled family law trial attorney to assist you with. The attorney’s job is to convince the judge for you and to do so you need an advocate who is comfortable in the courtroom.
The law also allows for eight circumstances in which the 90 day waiting period does not apply. 43 O.S. § 107.1(b) lists the eight exemptions:
1. abandonment for one (1) year;
2. extreme cruelty;
3. habitual drunkenness;
4. imprisonment in a state or federal institution for a felony;
5. procurement of a final divorce decree without this state by a husband or wife which does not, in this state, release the
other party from the obligations of marriage;
6. insanity for a period of five (5) years with the insane person having been an inmate in a state institution for the insane
or a private sanitarium, and affected with a type of insanity with a poor prognosis for recovery;
7. conviction of a crime defined by the Oklahoma Child Abuse Reporting and Prevention Act upon a child of the parties; or,
8. where a child of either party has been adjudicated deprived, pursuant to the Oklahoma Children’s Code, as a result of
actions of the party, without the successful completion of the court-ordered service plan.
No Children – As Quick as 10 Days
If you do not have children, then the Court can grant the divorce in as little as ten days after filing the divorce. This is the absolute fastest you can obtain a divorce in Oklahoma.
Additional Issues – Things That Can Make a Divorce Take Longer
The time frames listed above assume that you and your soon to be ex actually agree on the divorce and have all the details ironed out before filing your divorce petition.
If, however, your divorce is contested, the time frame for completion can become enlarged. How long it takes really depends on your circumstances. If your spouse refuses to agree to anything, then we will have to go to court to seek an order of the court determining the issues in the divorce. If you and your spouse have a great deal of property and investments, this can cause the divorce to take longer because of the processes for redirecting and re-titling the property. Finally, if you have child custody, alimony, and child support arguments, this too can cause delay.
Conclusion
Divorce is generally an unplesant experience and many people just want to do whatever it takes to be done with it. However, even if your Oklahoma divorce is going to take longer than you think it should, remember this: the decisions you make during your divorce are going to follow you for the rest of your life and your children’s lives. You need to take the time to do it right and have an attorney who is fearless in the courtroom to protect you and your kids.
Contact Us
If you have any questions about divorce or would like to speak with an attorney regarding your divorce, contact the Denton Law Firm today by Email or by phone at: (918) 221-3999.