Tag Archives: spouse

Family Law: In All Divorces Video

Tracy A. Cinocca Posted on by

Family Law: In All Divorces You or your spouse just filed for divorce– now what? Divorce can devastate families. If it happens, there are 3 steps that I recommend you take. 1. Gather all important paperwork from your life together. This means: bank statements, credit card statements, retirement accounts, etc. 2. Consult with an attorney. Find out what the costs may be for your divorce and the factors that could increase those costs. If you and your spouse are able to work out an agreement, you could save a lot of time and money. Get that information to your attorney to draft the paperwork and you’re done. (A good tool is our Attorney Fee Calculator). 3. If you find yourself in a courtroom because you can’t agree, you need to know the rules. This is VERY important. You need to know the conduct that is expected of you. Look at the Summons and Notice of Automatic … Continue reading →

Wedding Bells & Pre-Nuptial Agreements

Tracy A. Cinocca Posted on by

It’s that time of year! June Weddings! So much goes into a person’s decision about whom to make their spouse (or ought to, at least!). For those interested in a forever-marriage, a pre-nuptial agreement should be seriously considered. The coordinated process to complete a pre-nuptial agreement, encourages frank communication. Each person’s values and expectations can be further explored, including what each expects if things go wrong. December weddings are on the rise, but June is consistently the most traditional. Marriages are occurring at a rate of 7% per 1,000 total population (CDC). Specifically within Oklahoma, the rate of marriage licenses being issued has been above 7% since 2005; however, at the same time, the divorce rate is fluctuating between 4-5%. To put that in a different perspective for 2013 Oklahoma issued 27,275 marriage licenses, and issued 17,727 divorce decrees (Oklahoma State Department of Health). A person should not just plan … Continue reading →

Family Law Divorce with Children Video

Tracy A. Cinocca Posted on by

VIDEO TRANSCRIPT- Divorce with Children If you are getting a divorce and have children of the marriage, here are some procedures and rules you need to know. Your children must be “of the marriage” (this means biological or adopted, but does not include step-children). First, always consider the best interests of your children in the decisions you make. If questioned about a decision, you must be able to explain how it was in your child’s best interest. If the filing of your divorce involves minor children of the marriage, the court will order you to attend a PPC. That is a Parenting Plan Conference. Here, the judge will call all your cases, speak, and present a video. At the end, you will be ordered to attend a class called “Helping Children Cope with Divorce.” You must obtain a certificate of completion and file it in your case as a matter of court record, before your … Continue reading →

Grounds for Divorce: When It is Important & When It is Not

Tracy A. Cinocca Posted on by

Oklahoma Courts & The Grounds for Divorce– When It is Important & When It is Not! The way couples approach divorce vary. Some are matter-of-fact because it has been agreed or discussed. Others find it emotional and heart wrenching, especially, when there were affairs, abuse or highly charged emotional situations. A preliminary question I receive from people is “Can I divorce my spouse specifically for some wrong committed?” Technically, the answer is yes, if it fits within the statutorily enumerated grounds. 43 O.S. ¶ 101 lists these grounds, which are: 1. Abandonment for one (1) year. 2. Adultery. 3. Impotency. 4. When the wife at the time of her marriage was pregnant by another man than her husband. 5. Extreme cruelty. 6. Fraudulent contract. 7. Incompatibility. Provided, however, where the interest of a child under eighteen (18) years of age is involved, the adult parties shall attend an educational program concerning … Continue reading →

The Summons and Notice of Automatic Injunction

Tracy A. Cinocca Posted on by

So, either you have served your spouse or your spouse has been served. What happens on service? Unless waived by the parties, page two of the Summons you receive on service with your Petition contains many do’s and don’ts during the pendency of your divorce. Click here for the Summons and Notice of Automatic Injunction form. The language is a bit complicated and sometimes hard to apply to your facts. But here are a few examples: 1. Do not disturb the peace of the other party; 2. Do not open or divert the other’s party’s mail; 3. Do not cancel health or life insurance benefits. As a basic rule, if you spend money, be able to account for it and answer for the expenditure or you may be in trouble! Read the language in the automatic injunction carefully, and be prepared to discuss any questions with an attorney! We’re always here to help.

Continue reading →