Oklahoma City Contested Divorce Lawyer

All separations are challenging, but contested divorces can be particularly difficult to navigate, especially if you and your spouse have a high net worth. If you’re anticipating contesting one or more of the terms of your divorce, you need to work with a skilled Oklahoma City contested divorce lawyer who has experience working with high-net-worth clients.

Complex Asset Division in Contested Divorces

Asset division is one of the top terms of divorce agreements to be contested. Deciding on a fair division of property can be a challenge for those with complex assets. They can include:

• Business interests. Whether you’re a doctor in private practice or a successful entrepreneur, your company will need an accurate valuation to determine marital growth. This can be particularly complicated if you have owned the company since before the start of your marriage.
• Retirement and pensions. You may need a Qualified Domestic Relations Order (QDRO) to transfer funds from retirement and pension accounts such as 401(k)s, IRAs, and vested or unvested pensions without triggering tax penalties.
• Executive compensation. It can be challenging to separate stock options, restricted stock units (RSUs), deferred compensation, and performance bonuses. Your Oklahoma City contested divorce attorney can help you determine how these assets should be fairly divided.
• Real estate investments. Real estate investments can be especially complicated if you have multiple properties or own rental properties and vacation homes. Factors such as appreciation and tax liabilities must be considered.
• Investment portfolios. We can help you determine how to divide brokerage accounts, bonds, and mutual funds appropriately.
• Digital assets and cryptocurrency. Bitcoin and other digital assets must be divided just like physical property and money. We can make sure your interests are protected, and you get your fair share.
• Intellectual property. If you own intellectual property, things like royalties, patents, copyrights, and trademarks will come into play during asset division.
• Valuable personal property. Physical property, such as artwork, luxury vehicles, and collections, must be accurately valued to make sure that they are divided appropriately.

Your contested divorce lawyer can protect your rights and interests if you and your spouse are not in agreement about how to fairly divide any assets you have acquired throughout the marriage.

The Importance of Valuation Dates

Some assets are uniquely market-sensitive. Setting a specific, agreed-upon valuation date is essential for making sure that they are divided fairly. If your market-sensitive assets have appreciated since the valuation date, you should not have to divide the money they have made you since your separation.

Understanding Tax Impacts

Selling or transferring assets can trigger capital gains taxes. Working with an experienced Oklahoma City divorce lawyer who knows how to handle complex asset division can minimize your tax burden.

Dividing Non-Liquid Assets

Liquid assets are relatively easy to divide. If you have money tied up in non-liquid assets, the most effective way to deal with that during property division is usually to have one spouse buy out the other. In some cases, the asset can be sold, and the profits can be divided. We can help you determine how to deal with non-liquid assets during property division.

Dealing With Spouses Who Are Hiding Assets

Hiding assets during a divorce is illegal, but many spouses still attempt to do so by moving money into hidden accounts, transferring real property to friends or family members, or overpaying creditors or taxes.

We work with dedicated forensic accountants who can help to locate undisclosed accounts and income and track down hidden assets so that you can get your fair share of the marital property.

Contentious Child Custody Issues

Custody arrangements are often as contentious an issue as asset division in contested divorces that involve children. Contested divorce laws stipulate that judges prioritize the best interests of the children when determining custody and visitation. Like the judge, you should try to focus on factors such as your child’s happiness, security, mental health, and emotional development rather than any challenging emotions you’re dealing with regarding your spouse.

Factors to Consider

Factors that judges consider when determining the best interests of a child include:

• Each parent’s relationship with the child
• The child’s wishes, if they are old enough to express them
• The child’s age and sex
• The parents’ mental and physical health
• Whether the child has any special needs, and how parents take care of them
• Religious and cultural considerations
• The stability of the home environments
• Other children
• Opportunities to interact with extended family
• Each parent’s caregiving capacity
• Adjustments to school and community

There are some factors that weigh heavily on a judge’s decision to award custody to a parent. You’ll be much less likely to receive sole or joint custody of a child if there are signs of these issues in the home:

• Domestic violence
• Substance abuse
• Excessive discipline
• Emotional abuse
• A history of child abuse

Determining who should get legal and physical custody of a child is a complex issue. Let your contested divorce lawyer represent you and your parental rights, and don’t forget to prioritize your child’s needs.

Determining Child Support

Child support is determined according to a set formula set forth in Oklahoma Statutes title 43-118-119. The formula considers both parents’ combined gross income and the number of children involved.

Divorces in Oklahoma City

The divorce rate in Oklahoma is 3.5 per 1,000 residents. The median length of marriage is 17.9 years, which accounts for both current marriages and those that have already ended in divorce. Your divorce case will be heard at the Oklahoma County Courthouse, located at 320 Robert S. Kerr Avenue.

Your Oklahoma City, OK Contested Divorce Lawyer

If you’re preparing for a contested divorce, you don’t have to go through it alone. You can hire a contested divorce lawyer in Oklahoma City to represent you throughout this difficult legal process.

The Oklahoma City family lawyers here at Bundy can help. We have extensive experience with litigating complex divorce proceedings. Aaron Bundy is the only International Academy of Family Lawyers-accredited attorney in Oklahoma, and our legal team includes lawyers who are part of the American Academy of Matrimonial Lawyers. No matter how complicated your contested divorce case is, we can help. Contact us to schedule an initial consultation today.

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