Frequently Asked Questions
What should I do first if I’m considering filing for divorce in Oklahoma?
Deciding to end a marriage is never easy. The first step is to sit down with an attorney who can listen to your situation and walk you through the process. During this time, it helps to gather important documents like income information, bank statements, mortgage statements, health insurance information, and tax returns so you can start understanding your financial picture. Additionally, it is advisable to prepare a budget for yourself and your children to determine a potential support alimony claim. In Oklahoma, at least one spouse must have lived in the state for six months before filing. Our team can help you take things one step at a time—making sure you understand what to expect and helping you protect what matters most.
How is child custody determined in Oklahoma?
Child custody decisions are always guided by one core principle: what’s in the best interest of your child. The court looks at factors like each parent’s relationship with the child, stability, and ability to meet their needs. Whenever possible, parents are encouraged to reach an agreement through negotiation or mediation, since you know your children best. But if an agreement can’t be reached, the court will make a decision based on the evidence. At Tipton Law Firm, we are uniquely positioned and have personal knowledge of understanding life as a blended family, so we work to create parenting plans that keep children’s well-being at the center while helping parents find a path forward.
How is child support calculated, and can it be changed later?
Child support is based on both parents’ incomes, the number of children, the number f overnight visits exercised by each parent and expenses such as health insurance and childcare. Oklahoma uses statewide guidelines to calculate a fair amount. Life changes—like a new job, a change in the visitation schedule, a child aging out, or a major financial shift—can make it necessary to adjust support. If that happens, we can help you pursue a modification so your child’s needs continue to be met and the support remains fair for both parents.
What’s the difference between legal separation and divorce?
Some couples choose legal separation when they’re not ready to fully end the marriage, or for religious or financial reasons, but need space or want to divide responsibilities and property. Divorce, on the other hand, officially ends the marriage and allows both people to remarry. Both processes can address similar issues like property division, custody, and support. We can help you determine which path best fits your circumstances and your goals for the future.
Can custody, child support, or spousal support orders be changed after a divorce?
Yes, they can. Life rarely stays the same, and Oklahoma law allows modifications when there’s been a substantial change in circumstances—such as a change in income, a move, your child’s evolving needs, or in the event a parent is seeking relocation. These adjustments must be approved by the court to be legally binding. We’ll guide you through the process so any changes are handled smoothly and with care.
What can I do if the other parent isn’t following court orders?
When the other parent isn’t following a custody, visitation, or child support order, it can be frustrating and stressful. Fortunately, you have options. The court can help enforce its orders through actions like contempt proceedings, wage garnishment, or enforcement actions. What’s important is to handle it through the proper legal channels—not on your own—so your rights stay protected. Our firm is here to help you navigate these challenges calmly and effectively.
Do I need a prenuptial agreement?
Prenuptial agreements often get a bad reputation, but in reality, they can be a thoughtful way for couples to start their marriage on solid ground. A prenup can clarify how assets, debts, and future support will be handled if life takes an unexpected turn. They’re especially helpful for those who have children from a prior relationship, own a business, or want to protect family property. We’ll help you create an agreement that’s fair, transparent, and focused on building trust as you enter this next chapter of your life.
How long does the divorce process usually take in Oklahoma?
Every divorce is different, and the timeline depends on your situation—whether you and your spouse agree on major issues like property, custody, and support, or whether disputes need to be resolved in court. In Oklahoma, there’s a mandatory 90-day waiting period if children are involved (unless the court waives it), and uncontested divorces can sometimes be finalized within a few months. More complex cases may take a year or longer. At Tipton Law Firm, we work to keep the process as efficient and stress-free as possible while protecting your rights and helping you move forward with confidence.