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TULSA FAMILY ATTORNEY

FREQUENTLY ASKED QUESTIONS

John Dunn, a Tulsa divorce lawyer, provides answers to several important questions concerning environment legislation:

 

Q:	Can one party get alimony from the other?
A:	Yes.  Alimony is no longer a foregone conclusion - in fact, it is the exception.  However, if one of the parties left the workforce or school to "take care of the home" while the other party worked, they may be entitled to "occupational rehabilitation"  or temporary alimony.
Q:	Is it true that the mother will always be awarded custody of a small child?
A:	This is a product of what was called "the tender years doctrine".  While it has been held unconstitutional to presume that the mother is better able to care for a young child merely as a result of her gender, it is often true that the primary caregiver for young children is the mother.  When this is not the case, custody of young children can be awarded to the father.
Q:	Is child support set completely by the child support guidelines?
A:	No.  There are conditions that can cause the court to deviate from the guidelines.  One of those factors are "special needs of the child", such as medical needs or psychological needs, which require financial expenditures above and beyond what the "normal child" would require.
Q:	How does "separate property" become "joint property"?
A:	The most common reason is by gift.  For example, when a party inherits money and places it in a joint account, it can be said to have become joint property through gift.  Anytime separate property is used jointly by both parties or if the property is titled, the title is changed to reflect both parties have an interest in the property, it has become a joint property.  Also, if one of the parties has a business, the growth of the business that can be attributed to the uncompensated efforts of the other party is said to be community property.
Q:	Is there any reason to seek divorce on grounds other than "mutual incompatibility"?
A:	Generally, the best approach is to seek divorce on the grounds of "mutual incompatibility" because there is essentially no burden of proof.  However, some "benefits" are allowed to a party seeking divorce on the grounds of "abandonment" or "abuse" or other grounds.
Q:	What constitutes a change in circumstances such that a court may modify custody?
A:	There are many circumstances for which this can happen.  Most commonly, evidence of physical, psychological, or sexual abuse surfaces, or the custodial parent gets arrested for a crime that might logically affect the well-being of the child (DUI or drugs), or the custodial parent routinely refuses to allow the other party access to the child.

 

The information you obtain at this site is not, nor is it intended to be, legal advice.
You should consult an attorney for individual advice regarding your own situation.

Mr. Dunn is a Tulsa Family Attorney who is equipped to handle almost any aspect family law.  Mr. Dunn handles divorces of all levels of conflict and complication, child custody and child support issues and represents his clients in both state and administrative court.  Mr. Dunn handles child support enforcement actions, adoption, paternity suits to establish child support and visitation, child custody cases.  Mr. Dunn practices in the area of guardianships and adoption. 

If you need an experienced  Tulsa Family Lawyer, please contact John Dunn.  His knowledge as a family attorney is vast and invaluable.

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