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Family law | Tips to help make property division easier

Our family law attorneys field many questions during the property division phase of divorce. One question we frequently hear is, "What are some tips to make property division easier?" Unfortunately, there is no one size fits all answer. Like other elements of divorce, the process of dividing marital property is often unique to the relationship and to the spouses.

However, we can offer you a few tips that might help you transition through property division more smoothly. First, you should know that Oklahoma is an equitable division state, which means that the judge will have the last word on your marital property. A written agreement will be considered, but the judge has the power to override an agreement between you and your spouse.

Tip one, separate fantasy from reality: After divorce, you and your ex will have to support yourselves independently. Property division agreements addressing each party's needs instead of their desires have a better chance of passing muster in family law courts.

Tip two, be honest: Failing to disclose assets, even accidentally, can be detrimental to your case. For best results, each spouse should provide a complete inventory of marital property acquired during the marriage.

Tip three, strive for cooperation: This is often easier said than done, especially in a contentious divorce, but if you and your spouse can reach a realistic agreement through negotiation, it can make the entire process much easier. The good news is that a family law attorney can help you achieve this goal.

While these tips can be useful, the best way to have your questions answered is to consult with a lawyer. This ensures a personalized approach to your situation, which will typically result in an easier divorce overall.

We urge you to consider acquiring legal representation before you commit to a property division agreement. We also invite you to explore the family law section of our website to learn more about divorcing in Oklahoma.

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