Divorce is seldom simple. During a divorce, people adjust their practical routines, financial plans, social strategies and, of course, some of their primary personal relationships. Yet some situations can make some divorces more complex than others. Divorce attorneys Tulsa turns to in these complicated situations often refer to these as complex divorces.
At Divorce of Tulsa Law Office, our goal is to make complex divorce easy. Our team of divorce attorneys often finds ways to cut to the chase and bring a complex matter to a simple and satisfactory conclusion. Other times, divorce attorneys provide a firewall, keeping the complex financial, legal or behavioral issues contained so our client can attend to more personal aspects of restructuring their relationships. And, in some cases, our legal team digs in for the long haul, working through reams of financial records to ferret out relevant facts.
Some situations that can complicate a divorce may be unusual or uncommon. Others tend to occur more frequently. Among the more rare situations might be a divorce that was started long ago but never settled. While the passing of time can add apparent complexity, remedies to get things moving forward can be simple.
Numerous issues can complicate a divorce short of what divorce attorneys in Tulsa might call a complex divorce. Disputes over child custody and parenting style are common and arguably complicated. They can often be viewed and addressed in terms of simple principals, such as the best interests of the child.
Circumstances that divorce attorneys in Tulsa often consider to be elements of a complex divorce include:
- High asset divorce
- International or other jurisdictional concerns
- Behavioral or mental health problems involving a divorcing spouse or extended family
- Emerging legal contexts, including same-sex divorce.
High Asset Divorce
When assets accumulate during a marriage, divorce can be complicated. Assets that complicate divorce can include retirement accounts, ongoing sources of income, investments, assets held in trusts, real estate or business interests held in common and even intangible assets such as a professional license.
Where disposition of high-value assets are contested in a divorce, disputes may arise over ownership — whether they are individual or marital property — or over valuation including future income producing value of an asset. Further, parties might try to hide assets, hide their value or in some cases deliberately diminish their value. Each circumstance can require additional expertise and investigation.
International or Other Jurisdictional Concerns
In Oklahoma, divorce often involves the authority of not only county courts but tribal courts. Each of 39 tribes in the state may adopt unique rules, laws and procedures for administering matters of family law. The cluster of court systems operating from law books other than those divorce attorneys in Tulsa studied and were tested on can add complexity to some divorce cases.
Fortunately, tribes have embraced some standard approaches to apply their community values in a family court system. Other standards are described in the Indian Child Welfare Act. Divorce of Tulsa Law Office has the experience working in tribal jurisdictions to counsel and represent a divorcing spouse with confidence, knowledge and integrity. Where additional expertise or credentials are required to prevail in tribal court, we have the experience and skill to find and vett experts.
Another common complexity involves a spouse overseas. Perhaps the more common scenario is a deployed service member seeking a divorce from, or being divorced by a stateside spouse. These situations can involve scheduling complications, and sometimes require a stateside investigator to gain information the deployed servicemember might otherwise have access to if they were residing with the estranged spouse.
International marriages can encounter complications related to off-shore assets, orders from courts of another nation, cultural expecations of extended families or even actual physical custody of children outside of the USA. Situations where children have ties on both sides of a national border can involve their own unique complexities.
Behavioral or Mental Health Problems
Perhaps nothing better exemplifies a complicated divorce in popular media than sound of pounding on the door late at night by a inebriated spouse who insists on discussing the divorce now. From an emotional perspective, an uncooperative party can add a tremendous burden to the process of divorce. From a legal perspective, this kind of behavior is not always that complicated.
A high-conflict divorce does not always become a complex divorce. Protective orders can empower law enforcement to lay down the law in simple terms, while temporary or emergency injunctions can define the court’s expectations to the divorcing spouse. Yet some individuals for whatever reason continue to disrupt the process – with threats, intimidation, stone-walling or bad-faith negotiation.
When a partner engages in passive-aggresive tactics, things can be more complicated. Parties can refuse to agree with anything, contesting every irrelevant detail of a divorce. Some bend custody or support orders until just near the breaking point. Parties might physically hide from service of court papers, or hide assets so the court cannot fairly determine an equitable division of marital assets. These are circumstances where divorce attorneys Tulsa experience with complex divorce can make a difference.
Emerging Legal Contexts
The United States Supreme Court’s in recent years recognized marriage as a fundamental right that must be afforded to all, regardless the gender of those involved. It may be the most significant change to family law in the USA in recent history. With the new jurisprudence new controversies arose for courts to resolve.
When courts recognized sex marriage as valid and obligated local jurisdictions to recognize same-sex marriage, same sex divorce was an implicit part of the package. Complexities necessarily arise. What about same-sex couples who held themselves out to be life partners and married before same sex marriage was recognized? Did their marriage begin when the court recognized same-sex marriage or did they enjoy the common law marriage they long espoused as a fundamental right, long before the court’s confirmed their position?
Who knows what new complexities future legal precedents will bring to divorce in Tulsa, Oklahoma. Even trends outside of court can add complexity to a divorce. We have lately seen the rise of collaborative divorce, often where parties work with a professional to reach a mutually agreeable outcome. Complexity arises when one party determines the collaborative process, or maybe an agreed divorce drawn up by the other party’s divorce attorneys, is not in their best interests.
Free Consultation: Divorce Attorneys Tulsa Relies On
Whatever makes yours a complex divorce, the family law attorneys at Divorce of Tulsa Law Office have the knowledge, skill and experience to represent your best interests to Oklahoma’s family courts. Where additional expertise is required, we know how to find, vett and manage relationships with experts who know how develop and present evidence. Where unusual legal maneuvers are required, divorce attorneys at the Tulsa law firm know how.
For a free consultation with a divorce attorney Tulsa residents rely on in complex divorce, contact Divorce of Tulsa Law Office today. Call 918-924-5526 or contact us using the message form on this page.
