Muskogee Lawyer Blog
Divorce & the Marital Home: What To Know
This blog post discusses the division of marital property, specifically the marital home, in a divorce. The author, Muskogee divorce attorney Justin Mosteller, explains that the home is typically considered marital property if it was purchased during the marriage or with marital funds. The post outlines how courts in Oklahoma divide marital property equitably, taking into account factors such as the length of the marriage and each party's contributions. The author also addresses how equity in the home is divided, options for splitting the equity, and determining the home's value through appraisal. The post concludes by offering assistance from the Wirth Law Office for those facing a divorce in Oklahoma. Read more »
Oklahoma Attorney Insights: Understanding Alimony
Alimony in Oklahoma is not a guarantee and is individually determined by the court based on the circumstances of each specific case. Either spouse can request spousal support based on need and the other spouse's ability to pay. Alimony is intended to be rehabilitative, not punitive, and is used to help the lower earning spouse maintain their standard of living post-divorce. The duration and amount of alimony are typically specific and limited, often paid out on a monthly basis. If you are going through a divorce in Oklahoma and have questions about alimony, it is recommended to consult with a divorce attorney for guidance. Read more »
Oklahoma Child Custody Basics
This blog post discusses the issue of child custody in Oklahoma divorce cases. The determination of custody and visitation is based on the best interests of the children, considering factors such as the primary caretaker, special needs of the child, and unique family circumstances. Oklahoma law presumes that it is in a child's best interests to have meaningful relationships with both parents, although this does not guarantee equal visitation or joint custody. The court aims to maximize each parent's time with the children and their role in raising them. If you have questions about custody in an Oklahoma divorce, contact the Wirth Law Office for assistance. Read more »
Fair Property Division in Oklahoma Divorce
Justin Mosdeller, a Muskogee divorce attorney, discusses the division of property in an Oklahoma divorce. The state follows the principle of equitable division, which means assets and debts are divided fairly, not necessarily equally. Factors like the length of marriage, financial contributions, and the needs of each party are considered in determining a fair outcome. While most cases are settled outside of court, the goal is always equitable division. For those facing divorce in Oklahoma, working with a knowledgeable attorney like those at the Wirth Law Office is crucial to ensure a fair resolution. Read more »
Navigating No-Fault Divorce in Oklahoma
This blog post discusses the concept of no-fault divorce, which allows couples to end a marriage without alleging fault. Before the introduction of no-fault divorce laws, individuals had to prove misconduct by their spouse, such as abandonment or adultery, in order to obtain a divorce. No-fault divorce, also known as irreconcilable incompatibility in Oklahoma, simplifies the divorce process by requiring only one spouse to express a desire to end the marriage. While some criticize no-fault divorce for contributing to higher divorce rates, it also enables victims of domestic violence to leave dangerous situations more easily and reduces litigation costs. Whether fault is alleged or not, the ultimate result is the same—divorce. Read more »
