Divorce/Dissolution of Marriage

Divorce or Dissolution of Marriage is a stressful and emotional time for families. It is first and foremost about the lives of the people involved. Divorce permanently changes the lives of both spouses and children. Questions regarding how to support yourself and your children, where to live, how to pay debts, etc. need to be answered. If you or your spouse determine that divorce is what is needed, The Baysinger Law Firm is equipped to be your legal counselor through the process. In addition to protecting your legal rights and guiding you through the process, we recommend that a relationship with a counselor or therapist be established to assist clients with the emotional changes that arise throughout the process. We can help you understand the legal issues in your divorce and can represent you zealously through the process.

• The first step is to file a Petition for Dissolution of Marriage and have your spouse served with a Summons so that both parties know about the court action. At this point, an Automatic Temporary Injunction is in place requiring each party to stop spending money and incurring debt.
• In Tulsa County, if you have a minor child(ren), the second step is to schedule a Parenting Plan Conference. The Parenting Plan Conference is usually the first time both parties, along with their respective attorneys, meet and discuss the issues and hopefully reach a temporary agreement regarding the child(ren). This agreement included how to divide time with the children as well as who is to pay which bills between the time of the Parenting Plan Conference and the final decree. If agreements are reached, a Temporary Order Agreement is drafted and entered with the court.
• If a Temporary Order Agreement is not reached, a hearing is scheduled to go before a judge. The judge then decides how time is be shared with the child(ren) and how bills will be paid until a final decree is entered.
• In addition to the Parenting Plan Conference, if you have minor children, both parties must attend a seminar at Family & Children’s Services called Helping Children Cope with Divorce.
• Discovery must next be completed next. Attorneys determine what information is needed in order to decide how to divide marital assets and debts and how to best serve the interests of minor children. In order to determine these issues, a process called discovery is started where questions and production of documents are requested from the other party. This means that questions are asked of the other party and documents are requested. The party upon whom discovery is served must answer the question and produce the requested documents.
• Once discovery is complete, settlement offers can be exchanged or mediation can be proposed in the hope that agreements can be reached and an Agreed Decree of Dissolution of Marriage can be entered.
• If mediation is not successful in helping the parties reach an agreement then a trial is set to allow the judge to determine what is in the best interest of the children and how best to divide the marital assets and debts.

• Marital Property and Debts
• Child Custody, Visitation and Support

• Joint Custody does not address the amount of time each parent has with their child(ren). Joint custody is a legal term which refers to decision making. If parties have joint custody, it means that each parent has a say in the major decisions impacting their child(ren) such as where to attend school, which doctor to use, etc.
• Visitation/Time-Share is how time is shared between parents with their child(ren). Time can be split, ranging from equally to almost not at all.
• Child Support is a calculation that is determined based on each parties gross monthly income, the amount of the monthly health insurance premium for the minor child(ren) and the number of nights the child(ren) spends with each parent.
• A Parenting Coordinator is someone appointed by the Judge to assist the parties after the divorce is final in making decisions. One is utilized at times when parties do not communicate effectively with each other.
• Support Alimony is ordered to be paid when a couple has been married for a long time and one earns substantially more than the other. To determine if support alimony is appropriate, the court determines if the recipient has a need for the money and if the payor has the ability to pay the money. If support alimony is awarded, it is considered taxable income to the recipient and a tax deduction to the payor. Support alimony can be modified upon a significant change of circumstance, including drastic changes in income. It terminates upon the death of either party or upon the recipient’s remarriage.

If you have questions about Divorce or Dissolution of Marriage, please contact our office to schedule an appointment.