DIVORCE
Divorce has become an all too common part of life in our world today. Most marriages involve commingling of assets and debts that require division when couples decide to separate. These can include homes, vehicles, land, property, investments, savings and debt. When children are involved an unpleasant experience is made even harder. Uncontested divorces are ideal but very often the emotions involved make agreement difficult. When parties are unable to decide or agree on these issues themselves, courts are presented with the difficult task of determining custody, visitation, support and division of assets or debts.
Under Oklahoma law, a divorce without minor children requires only a 10-day waiting period between the filing of the petition and the granting of the divorce. However, if there are children born during the marriage, a 90-day waiting period is mandatory before the divorce may be granted. Most divorces with children take much longer. These cases therefore require that a temporary order be entered by the court after the divorce petition is filed to determine custody, visitation and child support during the time between the filing of the petition for divorce and the final decree. The temporary order allows parties to see how a particular arrangement is working over a short period of time. The temporary order may remain unchanged or, if one or both parties are unhappy with it, be significantly altered before a final decree is entered in your case. You may be required to attend mediation with your spouse to determine if an agreement can be reached outside of the courtroom.
If you are considering a divorce, or have been served with papers for divorce, contact our office to discuss your rights and options for free.
PATERNITY
If you are separating from a significant other with minor children involved, and you were never married to that person, then you may need to file, or respond to the filing of, a “paternity” case. A paternity case is basically a divorce for parties who have children together but were never married. They are filed when one or both parents seeks to have custody, visitation and/or child support legally determined. If you are a parent of a child and you are not receiving visitation and/or support, you will need to file this type of case in order to enforce those rights. In cases where it is uncertain or disputed who the natural father is, the court may order a DNA test to make this determination.
A breakup between couples who have children together is not only financially draining, it is emotionally and logistically challenging as well, while parents and kids struggle to find their new "normal." Seek the assistance of an experienced family law attorney if you are in a relationship that is ending in order to preserve your rights to custody, visitation and child support. You do not have to go through this process by yourself. Some of the issues you may need to address include:
· Establishing a paternity order allocating child custody
· Ensuring that visitation rights are ordered and enforced
· Protecting your rights to child support, whether you are attempting to collect it or being asked to pay it
At our law firm we recognize the complex issues and emotions at stake during a divorce or paternity case and strive to make the process as painless as possible for you, the client. Often this involves explaining to the client the law as it exists today regarding preferences and rules used by the Court in making its decisions. For example, many people are under the mistaken assumption that mothers are automatically awarded custody of very young children, when in fact courts are required to not consider gender in their decisions. We work to facilitate a satisfactory arrangement that is in the best interest of you and your children., then we will aggressively represent your interest through trial to ensure that you receive a favorable outcome. Contact us today to schedule a free consultation so that we can advise you of your rights and options and answer any questions you may have.
CUSTODY MODIFICATIONS AND CHILD SUPPORT
After custody of minor children has been entered in a final decree, one or both parents may decide later that circumstances have changed and that the decree’s provisions for custody, visitation and/or child support should be modified. If both parties are in agreement the Court will enter the modification, but if only one party wants the modification then the Court will set a hearing date to hear the evidence from the party seeking modification. As in initial divorce or paternity filings, if the modifications are agreed to the process is substantially easier and faster. If not, then the requested modifications are treated by the court system as a new action that may result in mediation and/or a trial. If you are seeking to modify custody, a substantial, material and permanent change in circumstances from the time the Decree was entered is required to be shown by the party seeking modification. If you are seeking to modify only visitation such a showing is not necessary and the change is determined based on the best interest of the child. Under Oklahoma law, there is a rebuttable presumption that both parents are entitled to equal shared parenting time.
A child support order is required to be entered in every divorce or paternity case before a final decree is granted. Generally the party who does not have primary physical custody and/or who earns more income will be required to pay the other parent monthly support payments. The amount is based on a number of factors such as both parents’ incomes, the amount of overnights each parent has the child(ren) and certain costs such as child care and health insurance. Failure to pay child support can have serious consequences, including sizeable arrearages and interest, tax return intercepts, bank levies, a warrant for your arrest and 6 months in jail. If you are not receiving the support you are due from the other parent, or if you have been ordered to pay an unrealistic amount of support based on your income, we can help you effect the modification needed so that child support does not become a serious problem for you.
GUARDIANSHIPS
A guardianship is the process whereby legal custody of another person, generally children but may also be incapacitated adults, is vested in another person whom the court designates as guardian. The purpose of a guardianship is to provide protection for those who are too young or otherwise unable to care for themselves. To be a guardian, the court must make a finding that you are a fit and able person to serve as such. A background check of any prospective guardian is always required. Most commonly a guardian is a relative or significant other but any person may apply to be appointed the guardian of someone’s person or property.
Guardianships may be uncontested, with the consent of all involved, or contested, meaning either the parent(s), other appointed guardian(s) or the ward(s) themselves do not consent to the guardianship. Contested guardianships require that a hearing be held before the court so that it may weigh the allegations and evidence to determine whether to grant the guardianship. In cases where guardianship is sought over children, the court must determine that both parents are either unavailable or are unfit to have custody. Guardianships by their nature are temporary, lasting until the party who has lost custody has shown the Court that the problems leading to the granting of the guardianship have been corrected. In some cases this may take years or never happen at all.
There are many requirements and procedures under Oklahoma law to apply for and serve as a guardian. If you suspect abuse of a minor child or disabled person from their parents or caretakers, or simply want to help a loved one who needs assistance managing the daily affairs of life, you may consider whether applying for guardianship is the right thing to do. If so, contact us for a free consultation to discuss the options available to you.
ADOPTION
If you are seeking to adopt a child, we can help you. With our experience, we can guide you through the adoption process from start to finish. While most adoptions are consented to, some are not and require the court to grant the adoption over the objection of the natural parent(s). Failure by parents to pay child support or have a meaningful relationship with their child(ren) are grounds for adoption without consent. Unlike a guardianship, adoptions are final and irrevocable. Adopted children are treated the same as biological children under the law. If you are married, adopt a child, and later divorce, you may be required to pay child support for that child. To start the adoption process, you will need to contact a child placement agency, have a home study and background check for everyone living in your home completed, and file a petition for adoption with the Court. Most adoptions take a minimum of several months to be completed. At WyersLaw Firm, we provide all of these services and will be happy to schedule a time to meet with you for free to answer your questions about adoption.
WILLS AND TRUSTS
We can help you protect and provide for your family and loved ones after your death, while also remaining in control of important decisions regarding your assets during your life. We offer a wide range of services, including:
Wills – Under Oklahoma law, if you die without a will then you are determined to be “intestate”. This means that the State will distribute all of your assets according to the rules of intestacy determined by the legislature. If you wish to have control of who receives any or all of your assets then you must have a will. A will is a written, signed, and witnessed document reflecting your wishes after death. In order for a will to be considered valid, or upheld by a court of law, a will must meet numerous legal requirements to be admitted to probate. Therefore, it is exceedingly important to seek an attorney’s assistance to ensure that your will is recognized and enforced.
Living Wills – Living wills are now recommended and included for clients seeking estate planning assistance by a growing number of attorneys. A living will is a legal document that makes your wishes known regarding life prolonging medical treatments. They only become enforceable if you are unable to communicate and there is no hope for recovery. Since no one can foresee if or when such a situation could happen to them, being prepared by letting others know your desires can help ease the burden faced by your loved ones should they be confronted with these decisions.
Trusts – Law firms that handle probate and estate planning often stress the importance of revocable trusts for clients. A trust, in its simplest definition, is a relationship whereby property or assets are transferred by one party to a separate legal entity called a trust to be held for the benefit of the grantor or a third party. Your directions are stated in a “trust” document that can carry out your instructions even long after your death. Trusts can offer a great many advantages for clients seeking to protect their assets and/or loved ones. The following are examples of some of the benefits a trust can offer:
Protection from creditors – A person may create a trust and also be a beneficiary of the trust, thereby transferring ownership of all assets or property into the trust, while still reserving the legal right to keep anduse the assets. This arrangement puts the assets within the trust beyond the reach of creditors, even if the person who created the trust may be bankrupt personally.
Protection of assets until heirs come of age – The law requires thatproperty or assets left in a will to heirs who have not reached the age of majority (18) be placed in a trust for safekeeping until a fixed age. Generally, the executor of a will is the trustee, or administrator, of such a trust and the heirs are beneficiaries. The trustee is under a binding fiduciary duty to protect and distribute the assets within the trustsolely for the benefit of the beneficiaries.
Spendthrift Trusts – This is the common term for trusts created to protect against the inability of the beneficiary to handle money. They are frequently used to provide lifetime income to a beneficiary and distribution to others upon the beneficiary’s death.
Privacy – Unlike a will, which is considered public information, the terms and assets of a trust are held confidential and may not be disclosed toanyone without the permission of the trustee.
Taxes – Often trusts are utilized by clients who are seeking to reduce their overall tax payouts, because trusts can be and often are taxed differently, and may operate as a legal means of tax avoidance.
At Wyers Law Firm, we will be happy to answer your questions and explain the differences and requirements of the varying types of trusts and how they might benefit your particular situation.
DDURABLE POWERS OF ATTORNEY – Often called POA’s, a Power of Attorney is exactly what it sounds like - a legal document that vests your right to make legal decisions concerning you and/or your property and assets in another person or entity. You and the POA share equal power over your property. You do not lose any personal rights. They are often drafted and employed in situations involving the elderly, the disabled or people who are otherwise incapable of making the best decisions in legal matters concerning their health, property or assets.
We can also assist you with any questions you may have or offer advice on the best strategies to pursue in order to protect and maximize your assets and finances. We take the time to get to know each of our clients’ hopes, concerns and legal goals. For more information, contact us to schedule a free consultation.
Office Phone: 918-630-6672
Copyright © Steven Wyers Law 2017