Edmond Family Law Firm

Domestic Violence

Domestic violence allegations carry profound consequences that go well beyond criminal law. Domestic violence has powerful ripple effects on family law matters like divorce and child custody disputes. While Oklahoma is a no-fault divorce state, claims of domestic violence can play a significant role in cases involving spousal support or child custody. For instance, such allegations might affect alimony decisions if abuse hinders financial independence or leads to restricted access to children under supervised visitation arrangements.

Even without criminal convictions, these claims can sway court judgments, emphasizing the need for a strong legal strategy. Our experienced attorneys work diligently to challenge unfounded accusations and minimize their impact on our clients' relationships and futures. 

Guardianship

Guardianship exists to provide a framework for supporting those who cannot care for themselves. These include children without parental care, elderly adults with declining mental capacity, or those with developmental disabilities. Situations that may require guardianship include children losing their parents due to death or incapacity, or adults suffering from conditions that impair decision-making. This includes the aftermath of catastrophic injuries. 

The legal process involves filing a petition and presenting evidence to establish the need for guardianship, such as medical evaluations or proof of a child’s unsafe environment. Once granted, guardians assume full legal responsibility for providing food, shelter, and education and making key life decisions for the individual. We’ll help guide you through these complex legal procedures. 

Marital Agreements

Marital agreements, including prenuptial and postnuptial agreements, are legal documents that help clarify financial and property arrangements within a marriage. 

Prenuptial agreements are created before marriage to define each party's assets, outline debt responsibilities, and establish terms in case of divorce. Postnuptial agreements, on the other hand, are made after the marriage begins and serve a similar purpose. The Smith Firm will help you develop a fair agreement and ensure that it is compliant with Oklahoma law. 

Mediation

Mediation offers a constructive alternative to traditional litigation in family law disputes, such as divorce or child custody cases. The Smith Firm  plays a pivotal role in facilitating mediation, seeking to help clients resolve conflicts efficiently and amicably. 

Mediation involves a neutral third party, the mediator, who assists both sides in finding mutually satisfactory solutions. Unlike court proceedings, mediation often provides privacy, faster resolutions, and greater flexibility, allowing customized agreements that meet the specific needs of both parties. The process also reduces financial strain, often costing less than prolonged litigation. 

Paternity

Paternity establishes legal fatherhood, a crucial foundation for protecting both fathers’ rights and the well-being of children. For unmarried parents, this may involve signing an Acknowledgment of Paternity form, granting fathers legal rights and responsibilities. However, disputes often require court intervention, with DNA testing to confirm biological parentage and legal orders to determine child support or custody arrangements.

Protecting a child’s welfare goes hand-in-hand with safeguarding a father’s rights, enabling children to receive support, healthcare, and access to both parents. The legal process can be intricate, especially when there are disputes. Our attorneys provide personalized counsel, helping clients understand Oklahoma law, complete necessary documentation, and advocate in court when needed. Our goal is to help families reach resolutions that prioritize fairness and the best interests of all parties involved.

Parental Rights

Parental rights in family law encompass a parent’s authority to guide their child’s upbringing, including decisions about education, healthcare, and religious practices. Parents in Oklahoma have the right to oversee their child’s education and access school records. Similarly, healthcare rights include making medical decisions, accessing records, and providing consent for procedures.

However, disputes over parental rights, often tied to custody or instability claims, can be emotionally and legally challenging. Our skilled family lawyers can be invaluable, protecting your rights and seeking a fair resolution prioritizing the well-being of your children. Whether navigating custody battles or asserting decision-making rights, our experienced legal guidance often helps provide clarity and stability for families.

Post-Divorce Modifications

Post-divorce modifications address changes in circumstances that call for an update in orders involving custody, visitation, child support, or spousal support. The Smith Firm provides skilled guidance in navigating these complex matters, meeting the needs of our clients in accordance with Oklahoma law. 

Modifications are permitted for child-related orders, such as adjusting custody or visitation based on a child’s preference, new living arrangements, or a parent’s income change. Similarly, child support can be modified to reflect significant financial shifts. Spousal support may also be revisited if justified by specific circumstances. 

Conversely, agreements concerning property and debt distribution generally cannot be modified unless fraud is involved. We’ll help you evaluate your options, present valid cases for modifications, and address disputes. 

Property Division

Property division during a divorce can be challenging, especially when significant assets are involved. Oklahoma follows the principle of equitable distribution, meaning marital property is divided fairly, although not necessarily equally. Courts consider factors such as the value of property, each spouse’s contributions, and the sacrifices made during the marriage.

Marital property includes assets like homes, vehicles, businesses, retirement accounts, and personal belongings. Conversely, separate property, such as gifts, inheritances, and certain military benefits, often remains excluded unless its value was increased due to joint efforts. 

Spousal Support

Spousal support—often referred to casually as alimony—can be a key consideration in divorce proceedings, offering financial stability to a dependent spouse. Courts in Oklahoma may award three types of alimony: temporary, rehabilitative, and permanent. Temporary alimony supports a spouse during the divorce process, while rehabilitative alimony provides assistance as the spouse acquires skills or education for self-sufficiency. Permanent alimony, although rare, may be granted in cases involving long marriages where age or health prevents workforce participation.

The court evaluates factors such as the marriage's duration, each party’s financial contributions, and individual needs to determine eligibility and payment amounts. With our experienced attorneys, clients receive personalized legal strategies designed to resolve disputes, evaluate options, and secure fair outcomes during this challenging period.