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How to know what you can and can’t get out of a divorce

On Behalf of | Aug 5, 2022 | Divorce |

Many Oklahoma couples considering divorce might have many preconceptions about what the result will be. For example, one person might think there’s a hefty alimony payment or that they’ll be guaranteed certain assets in the divorce.

It’s important to not make assumptions about what the divorce will look like or what you’ll get out of it though. Divorce is often messy and complicated and clear, simple solutions might not be available.

What will the court decide

There are only a few guarantees about what will happen in the divorce. Generally, when people are looking to separate, the court will try its best to answer the following questions:

  • How property is divided
  • If there are support obligations
  • Child Custody and Visitation (if applicable)

How the court makes decisions about these topics depends on a long list of factors. Most courts will look at the length of the marriage and reasons for the divorce to determine support obligations, as well as each person’s ability to make money.

Child custody and visitation are usually determined by what’s considered best for the children involved. Children might impact how the property is divided as well, such as the parent with primary custody getting the house.

What the court doesn’t determine

The court tries for equitable distribution of property and support obligations, but these still might not seem fair. In addition, the court can’t ensure that you will have the same standard of living that you had before – even if your ex-spouse is ordered to provide alimony.

There’s no promise that the divorce will go smoothly either. Ultimately, tensions can be high and that can impact how long the divorce process takes and how emotionally draining it is.

Some people go into divorce looking for resolution or to be told they’re “right” – but it doesn’t always happen that way. It’s important to not get caught up in emotions that you make rash decisions or negatively impact the court’s ruling.