McClain County Divorce Attorneys

Compassionate Advocacy for Couples & Families in Oklahoma

Ending a marriage is a complex and difficult choice for many couples. At Schumacher Law Group, we understand the stressful and personal nature of divorce cases. That’s why our firm is dedicated to providing caring and personalized counsel to couples and families across Oklahoma. If you’re filing for divorce in McClain County, our divorce lawyers can provide the high-quality representation you deserve. 

With over four decades of collective experience and proven results in and out of the courtroom, our compassionate attorneys are well-equipped to represent your best interests while keeping you informed and up-to-date throughout your case. Our goal is to advocate for a fair resolution while safeguarding your financial future at every turn, empowering you to turn the page to a new chapter. 

If you’re filing for divorce in McClain County, choose a firm with over four decades of collective experience. Contact us online to discuss your case.

What Are the Grounds for Divorce in Oklahoma? 

Oklahoma allows both no-fault and fault-based divorces. The most common ground for no-fault divorces is incompatibility or "irreconcilable differences." In other words, there was an "irretrievable breakdown" in the marriage that cannot be remedied. 

The grounds for fault-based divorces include abandonment, adultery, impotence, pregnancy by another partner at the time of marriage, extreme cruelty, fraud, habitual drunkenness, gross neglect of duty, incarceration for a felony, neglect of duty, and insanity under certain conditions. 

At Schumacher Law Group, our attorneys are well-versed in these legal nuances to help you establish a valid ground for your divorce and pursue a swift and just resolution. 

Am I Eligible to File for Divorce? 

In addition to establishing a valid ground for divorce, couples must also meet certain residency requirements. At least one spouse must have lived in the state for a minimum of six months prior to filing. Additionally, the divorce must be filed in the county where either spouse has resided for at least 30 days. If minor children are involved, you may face a 90-day waiting period before the divorce is finalized, although waivers may be available in select cases. Consulting a knowledgeable divorce lawyer is paramount to establishing eligibility and filing a timely petition. 

What Is the Difference Between Contested & Uncontested Divorces? 

The primary distinction between contested and uncontested divorces is whether both spouses can agree on the terms of their separation. A contested divorce requires court intervention to reach a settlement, while an uncontested divorce is only available to couples who agree on every term related to the divorce, including complex issues like spousal support, property division, child custody, and child support. 

An uncontested divorce can be an appealing option for several reasons, including:

• Time-saving. Unlike traditional litigation, an uncontested divorce does not require extensive time in the courtroom, making it a more efficient path to divorce. 
• More affordable. Uncontested divorces can save couples money on legal fees and court costs, making it a more affordable option for families. 
• More control. An uncontested divorce eliminates the need for courtroom intervention, offering couples more control over the final outcome. 
• More privacy. Uncontested divorces are settled out of the courtroom, allowing couples to reach resolutions with dignity and privacy. 

How Is Property Divided During a Divorce?

Oklahoma is an equitable distribution state, meaning courts aim to divide marital assets fairly during a divorce. However, “equitably” does not necessarily mean “equally.” Family courts retain broad discretion during equitable property division, making it crucial to have an experienced divorce lawyer on your side. 

Common factors considered during equitable property division include: 

• The length of the marriage. Longer marriages are more likely to result in a roughly equal distribution, especially if one spouse was financially dependent on the other.
• Each spouse’s contributions. This includes financial and non-financial contributions, such as income, homemaking, childcare, or supporting the other’s education or career.
• Economic circumstances. Common economic considerations include each spouse’s income, employability, education, health, and age. 
• Debts and liabilities. Courts may evaluate who incurred debts and whether they were for personal gain or the benefit of the household. 
• Minor children. The need to provide a stable environment for young children in custodial arrangements can significantly affect equitable division.
• Tax consequences. Courts may consider potential tax implications, such as capital gains and income taxes, to oversee a fair division.

What Constitutes Marital Property in a Divorce?

Marital property is jointly owned property acquired during the marriage that is subject to equitable distribution in a divorce. Non-marital property is considered individually owned by one spouse and is not subject to division. This includes assets acquired outside of the marriage, as well as gifts or inheritances intended for one spouse. Regardless of your legal circumstances, seeking sound counsel is critical to protecting your hard-earned assets. 

My Spouse & I Own Our Family Home in Newcastle. Who Gets to Keep the House? 

Family homes are typically considered marital property and are subject to equitable division in a divorce. If you and your spouse can’t reach an agreement about your family home in Newcastle, the court may evaluate several factors to determine who keeps it. The judge may allow one spouse to keep the house or order them to sell it and divide the proceeds. Some key considerations include each spouse’s financial ability to maintain the home and who has primary custody of the children (if applicable).