When spouses divorce, a court must determine how their marital property will be divided. This includes their houses, cars, furniture, collectibles, and even their pets. Read further to learn how marital property is divided in a Tahlequah, Oklahoma divorce.
Marital Property in Tahlequah, Oklahoma
In Oklahoma, only the couple’s marital property will be divided during a divorce. Marital property can be defined as any property acquired during the marriage, individually or jointly. With some exceptions, this excludes anything acquired before you were married or after you were permanently separated.
The Division of Marital Property in Tahlequah, Oklahoma
In Oklahoma, marital property is divided between spouses on the basis of “equitable division.” This does not mean that marital property will be divided “equally” during a divorce, rather that the divorcing couple’s property will be allocated “equitably” between them on the basis of each spouse’s individual contribution to the total amount of marital property. In addition, the court will weigh various other factors when deciding how marital property is to be divided such as the length of the marriage, the existence of any prenuptial or post-nuptial agreement, and the needs of the couple’s children.
Coming to Terms with Your Spouse
Regardless of whether divorce is sought on a fault or no-fault basis, the divorcing couple may come to an agreement on their own regarding the division of their marital property. However, whatever agreement they come to must still be approved by a court. In most cases, any such agreement will be approved if each party is represented by an attorney and if the judge finds the agreement to be fair and reasonable. Even then, the judge may make certain modifications to the proposed agreement if he or she sees fit, which is often the case whenever the needs of the couple’s children is a concern.
If you are in Tahlequah, Oklahoma and have questions regarding how marital property might be divided in a divorce that you are contemplating, you should speak with a reputable Tahlequah divorce attorney.
Initial Consultation With a Tahlequah Divorce Attorney
We’re here to listen to your many questions as you consider a divorce.
For a low-cost initial consultation, call Wirth Law Office – Tahlequah at 918-458-2677. There’s no obligation and your correspondence is confidential.
If you prefer written correspondence, you may also send your legal question using the form at the top right of this page.
