Distribution of Property (§ 43-121(B)) – Oklahoma courts use the Equitable Distribution Act to distribute marital property between spouses during divorce proceedings. Property acquired during the marriage is distributed between spouses in a manner deemed fair and appropriate by the court. However, the court may set aside part of the separate property of one spouse for the maintenance of the other spouse or the children of the marriage. A court of justice also has the power to choose the method of valuation of marital property and the value of this immovable property. In addition, a court of justice has a wide margin of appreciation to set a reasonable period for the assessment of each marital property, but the deadline must be adapted to the circumstances of each case. However, the court`s decision must be set aside if it is contrary to the law or the clear weight of the evidence. In cases where the procedural court abuses its discretion, the Court of Appeal can generally render the judgment that the court of justice should have rendered. The husband and wife acknowledge that everyone entered into this agreement in good faith and without coercion or undue influence. Everyone understands their right to seek independent advice on this agreement and everyone has had the opportunity to obtain independent advice prior to the signing of this agreement. To qualify for a waiver, spouses must have resolved all the issues in their case, including potentially complex issues, such as custody, division of property, child support, spousal pension, and assignment of debts. If there is disagreement on an issue, the spouses must file for a disputed divorce. CONSIDERING that we have all done good faith and that we have revealed ourselves in a fair, accurate and complete manner on all financial and patrimonial matters related to this matrimonial agreement; Separation agreements and divorces have the same notification requirements. In both cases, the family court will facilitate the resolution of cases relating to custody, child visitation, division of property, maintenance of children, debt distribution and alimony.
There are many cases where one or both parties own a business. If the business was founded during the marriage or was increased in value during the marriage due to marital efforts, all or part of the business may be considered matrimonial property subject to valuation and division by the court. If you and/or your spouse own a business and are divorcing, it is essential that you look for a lawyer to discuss the legislation in force. In the event of an uncontested divorce, if both parents agree and have completed the marriage dissolution form, the applicant may set a hearing date. In the event of an appeal for divorce without children, a hearing date may be set ten (10) days after the filing of the application. The waiting period for applications for divorce with children is ninety (90) days. After the wait has expired, the petitioner may complete the «Motion to Set Matter for Hearing» form and the «Order Setting Matter on Motion» form. Both documents can be filed with the author of the court and the application form sent to the defendant. The clerk will order a hearing date and the order will be given to the judge for signature.
The petitioner receives a call from the courthouse with the date and time of the hearing. CONSIDERING that we wish, by mutual agreement, to settle all matters relating to our matrimonial affairs, custody and visitation of children, personal and immovable property and finances; Separate property is that which was owned before the marriage or acquired by gift or succession before or during the marriage. The court may transfer separate property from one spouse to the other spouse only with the agreement of the owner. Therefore, the court must decide whether each object is conjugal or separate property.. . .