Some Facts about Divorce in Tulsa

July 8, 2015 3:54 pm

Besides child custody, visitation, and child support there are other issues to consider when dealing with a divorce in Tulsa or anywhere in Oklahoma.

Bankruptcy and Divorce in Tulsa:

It’s not uncommon for one or both parties during a divorce to file bankruptcy.  In fact, if one party of a divorce is seeking bankruptcy  we encourage the spouse to join in. This makes sense because marital debt will not transfer to the other spouse.  Rather the bankruptcy forgives the and it goes away more easily. However, a final decree of divorce cannot exist until the bankruptcy is complete.  Depending on theDivorce In Tulsa  type bankruptcy it may cause some delay in the divorce proceeding. Additionally, if either party has filed bankruptcy in the last 6 years, the courts require proof of its closing. Finally, bankruptcy is a common after a divorce. This is especially true one party has assumed the majority of the marital debt.

Name Change:

If a spouse changed their name during the marriage, a divorce allows them to revert back to their maiden. This is part of the final order. The other party really has no say or basis to object.  The only reason a name change does not receive approval, is if the change is for a fraudulent purpose.  If a spouse is considering a name change it’s recommended to do it through the divorce proceeding. If you don’t but change your mind later it costs you more money.

You May Be Interested in This Article: Dividing Marital and separate property in divorce 

Remarriage After Divorce:

Once the  divorce is final neither party can remarry in the state for 6 months. The exception is that they can remarry each other before the six months. Its a silly law and creates constitutional issues but its the law.

Dismissal of Your Divorce in Tulsa:

If the parties reconcile during the divorce action, the parties can agree to dismiss the action, without prejudice at anytime.  Both parties just need to execute the proper dismissal documents and have the court approve the order.

Annulment of a Divorce Decree:

If the parties to a divorce reconcile they can remarry or move to have the actual divorce decree annulled.  An annulment of a divorce decree restores the parties as husband and wife. It also terminates any separation agreement or orders regarding the division of property, debts and other assets.  There are three main reasons why an annulment of a divorce decree is advantageous over a remarriage.

  1. An  annulment of divorce is usually far less expensive and time-consuming than a remarriage, especially where a second wedding exists.
  2. The parties are wed for a longer period (from the original/first marriage date), making it easier to collect social security and other similar benefits.
  3. Property awarded to each party at the initial divorce would be considered non-marital property upon a remarriage, but would merely be shared by the parties as marital if the divorce is annulled

Free Consultation Regarding Divorce in Tulsa:

If you’re facing divorce and have any questions about the procedure call the attorneys today. Picking the best  divorce and family law attorney for you doesn’t have to be so difficult.