No. When couples get divorced, their property is divided into separate and marital property. Separate property is anything acquired before the marriage. Marital property is any property or assets acquired after the marriage, regardless of whose name is on it. Anything considered marital property will be subject to equitable division by the court system. This means that if your spouse’s property was acquired after you were married, you can receive a share.If you have other questions on your divorce, contact Rhonda Telford Naidu today. She is a family law and divorce lawyer with over 25 years of experience in marital law. She serves Oklahoma City and the surrounding communities and is deeply committed to her clients. Among her accolades, she has been recognized as a top Avvo contributor and divorce attorney with superb ratings. She provides effective representation in matters of divorce and family law.
A modification to the original divorce decree may be obtained based on a variety of factors. If it has been three years since the divorce, and a spouse’s income has changed by 15%, you can obtain a modification. If the child support payments are collected by the court system, you may have an automatic review after a set period of time. In either case, you will still have to prove a change in situation and income. An experienced attorney can help you with this.
Yes, this can be a contingency in the child support clause, or can be modified afterwards. If your spouse does not agree to this stipulation, you will have to work with an attorney to enforce payment. Usually, the court pro-rates payments based on a calculation of the spouse’s income. The court may also place a cap on payments for college based on income limits or the college the child will be attending.
No. The law prohibits attorneys representing both parties in the divorce. However, the goal of each attorney is to work with the other advocate to reach a fair agreement between parties. If you have been served divorce papers, you will need to hire your own divorce attorney to represent you. Otherwise, you can choose to represent yourself, though this is not advised.
Child support can be obtained without filing for divorce. You will need to speak with an experienced attorney.