Common questions asked by prospective family law clients - Part One
This guide will walk you through some of the questions prospective clients ask me most frequently.
If we both have the kids half the time, why do I have to pay child support?Physical time with the kids is just one factor affecting child support. The support computation equation has other factors. If one party has a higher income than the other, then the support computation will probably yield a child support obligation for the higher-income-party. The support guidelines also take health insurance premiums and daycare costs into account. Calculating support accurately is a complicated process that does not hinge on one factor alone.
Is it really against the law to get remarried within 6 months of getting divorced in Oklahoma?Yes. In fact, it is considered bigamy, which is a felony. Keep in mind, it is also illegal to remarry outside of Oklahoma, then come back to Oklahoma to live with your new spouse (within 6 months of divorce). Legislators may not be the brightest bunch, but they figured out how to close that loophole. The only purpose for the law that I can discern is to deter divorce. It is either supposed to be a deterrent from getting divorced, or from hasty remarriage shortly after divorce. Frankly, if you disagree (and I do) write your congressman.
Isn't adultery against the law in Oklahoma?Yes. Adultery is defined under Oklahoma law as sexual intercourse between persons who are married to someone other than their sexual partner. Even if one of the participants is unmarried, if you have intercourse with a married person, you are both guilty of adultery. The law prohibits "sexual intercourse" so I'll leave it to you philanderers out there to test out Bill Clinton-esque semantic exceptions. It is a very old law that has not been updated, so the creative mind could potentially circumvent its application in a modern context. As far as I can tell, it is not against the law for unmarried consenting adults to have relations, so fornication is not illegal in Oklahoma based on my review of the law. In my experience, I have never heard of someone being prosecuted for adultery, but theoretically you could be. Adultery typically comes up in the context where one spouse is serving in the military. Adultery is a crime under the UCMJ, which is a body of law applicable to service members. In my experience, the military takes this more seriously than a civilian court. From what I understand, someone could be stripped of rank or worse.
DisclaimerThe content in this guide is to be treated as general information only. Accessing this content does not create an attorney-client relationship, and this guide is not and should not be treated as legal advice. This guide is based on the laws of the state of Oklahoma. Other jurisdictions may have contrary laws. There is no substitute for consulting with an actual living, human attorney. If you have legal issues associated with the content of this guide, you should consult with an attorney licensed in your jurisdiction.