Newcastle Divorce Attorneys

Compassionate Counsel for Couples & Families in Oklahoma

Filing for divorce is one of the most stressful experiences a person can go through. If you’re preparing to end your marriage in Newcastle, securing experienced representation is critical to protecting your rights and reputation. At Schumacher Law Group, our divorce lawyers are committed to guiding couples toward efficient and just resolutions that preserve their financial futures. 

Whether you’re preparing for contentious litigation or an uncontested divorce, choose a firm with a proven track record of results. With over four decades of collective experience representing couples across Oklahoma, you can trust our attorneys to prioritize your best interests in and out of the courtroom. Our goal is to help you turn the page to a new chapter by giving your case the time and personalized attention it deserves. 

If you’re filing for divorce in Newcastle, put decades of experience on your side by working with our highly skilled advocates. Contact us online to discuss your case. 

Is Oklahoma a No-Fault Divorce State?

Oklahoma primarily uses a no-fault divorce system, meaning couples aren’t required to prove fault to obtain a divorce. The vast majority of marriage dissolutions are filed on the ground of incompatibility (“irreconcilable differences”). However, the state also allows fault-based grounds for divorce, such as abandonment, adultery, impotence, separation, extreme cruelty, habitual drunkenness, gross neglect of duty, incarceration for a felony, and insanity. Our compassionate advocates are well-versed in these legal nuances to help you establish a valid ground for your divorce and work diligently to achieve a fair resolution.

What Is the Difference Between a Contested & Uncontested Divorce?

A contested or traditional divorce requires court intervention to reach a settlement, while an uncontested divorce is only available to couples who agree on every term of their marriage dissolution. This includes child custody, child support, property division, spousal support, and other complex matters. 

An uncontested divorce can offer numerous benefits to couples and families, including: 

• Cost savings. An uncontested divorce can save you money by eliminating the need for extensive time in the courtroom. 
• Efficiency. Unlike traditional divorce litigation, uncontested divorces are often resolved faster due to the lack of court intervention. 
• More control. An uncontested divorce can offer couples more privacy, dignity, and control over the final outcome.
• Less stressful. Uncontested divorces can reduce emotional stress and help families resolve disputes without the need for public court battles.   

While uncontested divorces can offer a faster and less expensive path to divorce, couples must meet strict eligibility criteria to qualify. Our attorneys have a deep understanding of these legal complexities to help you determine the best path to divorce, prioritize your family’s unique needs, and guide your steps with care during this challenging time. 

Who Is Eligible to File for Divorce? 

Couples must fulfill certain eligibility requirements to file for a divorce, including: 

Residency Requirement

At least one spouse must have resided in the state for a minimum of six months prior to filing for divorce. Additionally, the divorce must be filed in a county where either spouse has resided for at least 30 days.

Divorce Grounds

Couples must establish a valid ground for their divorce, such as incompatibility, adultery, or abandonment. Our firm can help you establish an appropriate ground for your divorce under Oklahoma’s no-fault divorce system or review your legal options for a fault-based divorce.

Waiting Period

If the divorce involves minor children, a 90-day waiting period is typically required before the divorce is finalized. However, this may be waived in certain circumstances. Our lawyers can evaluate your specific case to determine a more accurate timeframe. 

How Is Property Divided During a Divorce? 

Oklahoma is an equitable distribution state, meaning that family courts seek to divide marital assets equitably in a divorce. However, what is equitable is not always equal. The court may consider various factors to divide property equitably, such as the duration of the union and each spouse’s health, age, income, debts, employability, education, and financial and personal contributions to the marriage. 

What Constitutes Marital Property in Oklahoma?

“Marital property” refers to property acquired during the marriage that is subject to equitable division. Some key exceptions include assets acquired before the marriage, as well as individual gifts and inheritances presented to one spouse. Seeking sound counsel is paramount to protecting your hard-earned assets during a divorce.

My Spouse & I Own a Business Near the I-44 Corridor. Am I Entitled to Half? 

If you and your spouse own a business near the I-44 corridor, you may be entitled to a portion of its shares if the court deems it marital property. However, a 50/50 split is never guaranteed. 

Courts can consider a wide range of factors to determine whether the business constitutes marital property and is subject to equitable division, such as when the company was established and each spouse’s contributions to it. 

Keep in mind that these contributions aren’t limited to actual business operations, but may also include domestic labor, childcare, and other marital contributions provided by one spouse while the other spouse ran the business. Our firm has extensive experience in navigating the complexities of equitable distribution to help you protect your fair share.