According to Privett:

"I've been practicing law for over 35 years. This gives me the ability to make decisions based on experience and sound reasoning being seasoned in trial combat." 

Oklahoma Military Divorce Lawyers

How common is the story of a soldier falling in love with a beautiful girl before he goes on deployment? Days, months and sometimes years go by before he actually gets to return home to his loved one. Sadly, with the space that has been created between the couple, one of the parties may seek to get a divorce from the other.

Statistics show that, currently, the divorce rate in the military is going down, and couples are seeking programs that help them work on their marriage. Unfortunately, some programs can’t fix everything. Once the military divorce is in motion, it is essential to think of all the out-lying factors. Factors such as military spousal support, child support, visitation rights, plus many others become relevant considerations in Oklahoma and everywhere else.

Military divorce is sometimes unavoidable, and that is why here at Atkins & Markoff we can help with your understand the technicalities involved with this situation. Military divorce has different laws and standards that apply to it that separate it from a civilian divorce, and you need to know your rights. Contact us now for a full consultation, and let us help you with your military divorce.

Oklahoma Law Regarding Military Divorce

In an Oklahoma court, the military divorce proceeding can be postponed for the entire time the active service member is on duty and for up to 60 days following redeployment, and if the service member wishes to attain the military divorce he/she can waive this right in order to expedite the process.

Serving Process on an Active Military Spouse

Much like any other divorce proceeding, a spouse currently on active duty must be served personally with a certified copy of the military divorce action in order for an Oklahoma court to gain jurisdiction over both parties and the matter. If the military divorce is uncontested, the active duty spouse may agree to waive the service requirement by signing an affidavit to that effect that acknowledges and accepts the military divorce action.

Oklahoma Residency and Filing Requirements

A typical military divorce filing requires that either you or your spouse must have legal residence in Oklahoma, and/or you or your spouse must be currently stationed in Oklahoma in accordance with official military records. Simply being present in Oklahoma on a mission or duty is not enough to meet the standard generally.

Grounds for Military Divorce in Oklahoma

The grounds for a military divorce in Oklahoma are similar to those in a non-military divorce.

Property Division in a Military Divorce

The federal government has enacted the Uniformed Services Former Spouses’ Protection Act, and this statute governs, among other things, the manner in which military retirement benefits are accounted for and divided upon completion of a divorce proceeding. Basically, the law requires that the individuals have been married no less than 10 years while the military spouse was on active duty in order for the non-military spouse to be entitled to his or her division share of these assets.

Child Support and Spousal Support

In Oklahoma, child support and spousal support/alimony awards have a “cap” of 60% of a military member’s pay and allowances. Given that limit, the court will work within the normal support/alimony equations to determine the monthly liability that the supporting spouse will incur up to that limit of 60%.

Oklahoma Military Divorce Lawyers

Several complicated factors need to be considered when filing for a military divorce in Oklahoma. This only makes it more necessary for you to contact Privett Law so that they can help guide you through this difficult process. Contact the firm today to schedule a consultation regarding your military divorce needs.