If you are interested in filing for divorce in Oklahoma, you may seek advice from friends, family members, or acquaintances who have experienced the legal process. However, there is a good chance that some or all of the things they tell you about divorce is incorrect. There are many myths floating around which could cause you to make a decision or take certain actions that end up harming your case. That is why it is imperative to speak with an experienced Oklahoma divorce attorney to understand the facts.
The following are the most common divorce myths:
- Mothers always get primary custody of the children – While this may have been true in the past, both parents have an equal right to child custody. The judge will determine custody based on the child’s best interest. In many cases, parents are given joint custody with shared authority when making decisions on behalf of the child. So if the mother is not a good parent, custody will be given to the father.
- Wives always get alimony – Since women have been historically received spousal support more often than their male counterparts since tradition says they must sacrifice their careers in order to stay home and take care of the children. But since more women part of the workforce, there has been an increase of stay-at-home fathers. So if a wife is the breadwinner of the family, the husband will most likely receive alimony.
- Adultery means losing everything – Although cheating is a common cause for a divorce, being unfaithful doesn’t necessarily mean you lose your assets, home, or even your children. According to Oklahoma divorce law, the only way adultery can be taken into consideration in a divorce is if marital funds or assets were used to support the extramarital affair.
- If the other parent fails to pay child support, denying visitation is a viable option – When it comes to enforcing a parent’s obligation to pay child support, you cannot deny or threaten to deny visitation in retaliation. Child custody and child support matters are completely separate matters and do not intertwine whatsoever. Denial of visitation can result in contempt of court, which can lead to jail time.
- Divorce is always expensive and hotly contested – That is not always the case. If you and your spouse agree on all issues related to divorce and wish to separate amicably, they can elect to work on a final agreement through mediation sessions rather than court litigation, which can save an immense amount of money. Additionally, uncontested divorces are resolved in a few months, as opposed to contested divorces which can last a year or more.
- The divorce can get denied – Oklahoma is a no-fault divorce state, meaning that an individual can file for divorce without providing a valid reason for doing so. A judge cannot deny a divorce if only one spouse files.
- You can avoid making child support payments – If you share a minor child with your spouse and you are not the custodial parent, you will be required to pay child support. Failure to comply with a child support order can lead to being held in contempt of court.
If you have other preconceived notions regarding divorce law, it is important that you discuss them with your attorney. At the Law Offices of Keith J. Nedwick, P.C., we have over thirty years of experience and a strong record of success. Our focus is to protect the rights and interests of our clients, and we promise to help you navigate this complicated legal process.