Legal Actions to Take When Going Through a Divorce
Let’s face it – no one enters into a marriage thinking it will end in divorce. However, no matter how hard you try, sometimes that is the outcome. For some, divorce is an amicable decision that both parties come to for the greater good of all parties involved. For others, the divorce process can be unpleasant, to say the least. Whether you are going through the former or the latter, it is important that you have a good understanding of what legal actions can be taken when going through a divorce. By taking the time to better understand your rights and the various steps of an Oklahoma divorce, you will be on the right path to protecting yourself and your assets.
Once you or your significant other has begun the divorce proceedings, many different things can come up. There can be complications surrounding the right to property and even custody battles. Property, finances, and children are the biggest obstacles to overcome during a divorce, especially because many people do not have a good grasp on what their legal rights are in these areas. A date in divorce court can be quite daunting, to say the least. If you are going through a less than amicable divorce, it is not uncommon for one spouse to threaten to withhold support, seize property, or take off with children. This is where a knowledgeable divorce attorney will come in handy. While many like to think they can handle a divorce on their own, this often winds up being a costly mistake.
Know Your Rights
Today we are going to take a look at some of the legal actions that can be taken when going through a divorce. If you have any questions about the information below or would like to schedule a consultation with a knowledgeable Oklahoma divorce attorney from Atkins & Markoff, please do not hesitate to contact us today. Here is a look at what some of the legal actions that may be taken during divorce proceedings:
- Original Petition for Divorce – In order to begin the divorce process, an “Original Petition for Divorce” must be filed by one spouse with your local county clerk. Depending on the state, this document may be referred to as a “Letter of Complaint”. Regardless of the title of the document, this is a request that the court grant a divorce.
- Temporary Divorce Orders – Another legal action that can be taken is a temporary divorce order, which outlines specific actions that must happen and stay in place until the final divorce hearing. Examples of when this may be necessary include when child support is involved, or spousal support and child custody.
Now that you know the two main types of orders that may be filed during a divorce, let’s look at some of your rights:
- Right to Property – Property is oftentimes the biggest area of contention during a divorce, and for good reason. In Oklahoma, equitable distribution of marital property is a law, not to be confused with equal distribution. Property acquired during the marriage and by effort of both spouses is considered shared property, whereas gifts, inheritances, or property acquired by way of individual property typically remains the property of the spouse to whom it was gifted.
- Right to Pensions – In most instances, retirement funds accumulated during a marriage are considered marital property. This can be a sensitive topic and a fine line for many couples, which is where an Oklahoma divorce attorney may come in handy.
- Right to Safety – This law states that the spouses cannot intimidate, threaten, or harass one another during any step of the divorce process, or after everything has been finalized. There are criminal penalties in place, should one spouse break this law.
- Right to Alimony – According to Oklahoma law, spouses have the right to receive ongoing support after a divorce. This support – or alimony – is based on need and the standard of living to which they were used to.
There are a range of additional rights and legal actions that can be taken during a divorce. To learn about these or to schedule an appointment with an Oklahoma divorce attorney from Atkins & Markoff, please contact us today.