Phone no: (580) 332-5579

Family Law & Domestic Relations

The attorneys of the Law Offices of James R. Neal, PLLC understand that litigating family matters are difficult and often emotional for the parties involved.  We strive to provide our clients with professional courtesy while guiding them through all stages of litigation.  Below we have provided information that you may find helpful.

Divorce

The only means to acquire a divorce in Oklahoma is through a court.  While common-law marriage is recognized Oklahoma, common-law divorce does not exist.  A divorce is started by one party filing a Petition with the Court.  Depending on the circumstances, a Temporary Order may be issued by the Court to address certain issues during the pendency of the proceedings (child custody, child support, temporary possession of the marital home, etc.)  A divorce involves three main issues: (1) the dissolution of the marriage, (2) the division of marital property and marital debts, and (3) child custody, visitation, and support.

Oklahoma is a no-fault divorce state, which means most divorces are granted on the grounds of incompatibility.  Oklahoma considers most property acquired during marriage as marital property, and property acquired prior to marriage is generally separate property.  The property must be divided between the parties in an equitable fashion.  Debts acquired during the marriage generally must be equitably divided as well.  Divorces involving children must address the custody, visitation and support of the children.  Custody and visitation is determined based on the best interests of the children.  Child support is determined by the Court using the Oklahoma Child Support Guidelines, although the Court may deviate from the Guidelines in limited circumstances.