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7 Myths About Oklahoma Divorce

Divorce is stressful. Unfortunately, much of the stress comes from misconceptions about how divorce works in Oklahoma. Understanding how divorce really works can reduce the stress. To that end, we would like to dispel some of the most common divorce myths:

Myth 1: Divorce Has To Be A Fight

There are many ways to get through a divorce. Fighting it out at trial is rarely necessary. More often than not, outcomes can be negotiated amicably. Mediation is a powerful tool for overcoming disputes in a divorce, and some Oklahoma counties even require it before a case can proceed to trial. Collaborative law is another method that can be used.

Myth 2: Property Is Divided 50-50

Oklahoma law calls for an equitable distribution of property. Equitable means fair. Sometimes a 50-50 division of assets is fair. In other situations, depending on factors such as each spouse's income, it may make more sense for the balance to be tipped.

Myth 3: Child Custody And Support Do Not Impact Property Division

Nothing in a divorce happens in a vacuum. All issues are interrelated. It is possible that issues involving children will have an impact on how property is divided, particularly when it comes to the family home. Does it make sense for the parent with whom the children will be living to stay in the family home, at least until the children are older?

Myth 4: Adultery Can Be Punished In A Divorce

Oklahoma is a no-fault divorce state. The unfaithfulness of one spouse is not punished with alimony or property division. However, adultery can have an impact in some circumstances, if the adulterous activity somehow had a direct impact on finances. For example, if the cheating spouse spent a substantial amount of money on the affair, draining the marital assets, that might be accounted for in the division of property.

Myth 5: One Spouse Will Have To Pay Alimony

Alimony is never guaranteed in an Oklahoma divorce. Whether or not one spouse will have to pay alimony and the amount of alimony is determined based on a variety of factors, including length of marriage and economic disparities.

Myth 6: Mothers Always Get Child Custody

Oklahoma law favors neither mothers nor fathers. Oklahoma laws favor the children. The goal is to achieve child custody arrangements that are in the child's best interest. More often than not, this means a continuation of the relationships the child has developed with both parents. It means time with both mother and father.

Myth 7: Divorce Agreements Are Final

While the outcome of a divorce is intended to last, Oklahoma law recognizes that circumstances change. It is possible to modify child custody, child support and more in certain situations.

Before letting something you heard impact how you proceed with your divorce, or whether you proceed at all, take the time to talk to an experienced lawyer. Answers to your questions may ease your mind as you prepare for this major life change.

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