Family Law FAQ
At Eckstein Law Firm, in Norman, Oklahoma, I know that integrity is everything. I believe that hard work and an honest approach will help you know what to expect and be prepared for that as your case progresses.
Attorney Matt Eckstein
For more than 18 years, I have taken a hands-on approach with my clients, participating with them in every step of the legal process and advising them of the best course of action to get their cases resolved both efficiently and effectively. At Eckstein Law Firm, I am here to answer any questions you may have regarding divorce or family custody case.
Below are some of the most common questions I receive from people who call or come into my office for a free consultation. As always with family law FAQs, these answers are general in nature. Call me at 405-896-9810 to have me answer your specific questions about your circumstances.
How Long Will I Have To Wait Until My Divorce Can Be Final?
In the state of Oklahoma, if a divorce without children is uncontested, the court will require 10 days to pass before your divorce can finalize. If there are minor children involved, the state requires a waiting period of 90 days from the time of filing to the time of finality and requires that both parents attend a parenting class before the case can conclude.
Is It Possible To Get Shared Custody Of My Child?
In the state of Oklahoma, neither sole custody nor joint custody is preferred. Shared custody can be difficult to manage as it will often rely on parents living in close proximity so that the children will be able to attend the same school and continue on with their routine schedule. If spouses do live close to each other, have both been involved in their children’s lives, and get along well enough to be able to maintain a shared custody schedule without disrupting the children’s routine too much, the court may consider shared custody a possibility.
How Will The Marital Assets Be Divided?
Oklahoma practices equitable distribution of property. Equitable distribution does not mean equal and courts will often take other things into consideration such as the future projected earnings of each spouse, and whether the property would be considered separate or marital.
Will I Receive Alimony?
One of the most common concerns in a divorce proceeding is whether or not a client will have to pay or receive alimony. The court is given the discretion on whether or not to award alimony in divorce cases. They will often take into consideration such factors as whether or not one of the parties will need alimony after considering both their income and expenses. The judge will also consider the other party’s ability to pay as well as how long payments should be made for.
Am I Able To Modify My Spousal Or Child Support Or Custody And Visitation?
Once alimony and child support payments have been ordered by the court, either party can petition the court for a modification to their payments if they have a change in their financial situation. You should always continue to make your current payments until the court modifies or changes the payment. The court also makes it possible to petition for a change in custody and visitation schedule.
Can I File For A Dissolution Of Marriage In Oklahoma If I Am Not A Resident?
To file for a dissolution of marriage in the state of Oklahoma, you must have lived in the state at least six months prior to the petition or filing and at least 30 days in the county that you are filing in.