Frequently Asked Questions About Tulsa Divorce Law
- How is property divided in a divorce?
- How is custody and visitation established?
- How is child support calculated?
- How and when is alimony determined?
- Is “fault” considered?
- Are all or most cases tried?
- Are jury trials allowed?
- Who pays the lawyers?
- How are damages for personal injury determined?
- How is paternity proven?
- Are step children considered in support?
- Is a pension plan divided in divorce?
- Do I need a will or trust?
- What experience do Jack and Blake have in the practice of law?
How is property divided in a divorce?
Marital Property is valued net of liabilities, and usually awarded in equal amounts to the spouses.
How is custody and visitation established?
Based on the “best interests of the child,” not necessarily on the gender of the parent.
How is child support calculated?
On the basis of the “child support guidelines” established by Oklahoma statutes.
How and when is alimony determined?
Temporary and long term alimony are based on “ability to pay” of one spouse and “need” of the other, as shown by evidence submitted to the court.
Only as a ground for divorce, not for alimony or property division.
A great majority of cases are settled without trial, upon terms agreed to by both parties in writing.
No; a judge decides the facts and the law to apply.
Each party is normally responsible for their own fees, unless one party has “exacerbated” the case, but one spouse can be awarded temporary fees paid by the other.
How are damages for personal injury determined?
By a jury, based on past or future medical expenses, loss of income, and for pain and suffering.
Normally by DNA tests, unless both parties agree on the facts.
Are step children considered in support?
Not for purposes of an award against a step-parent, but may be for deductions from gross income under child support guidelines.
Is a pension plan divided in divorce?
Yes, if all or part of the value has been earned during the marriage.
We recommend a will because state law will determine who inherits property absent a will; but need for a trust depends on many factors, including need and responsibility of beneficiaries.
What experience do Jack and Blake have in the practice of law?
Jack has been a practicing attorney for 48 years, and Blake for 13 years.