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AREAS OF FAMILY LAW PRACTICE

Fathree & Fathree, PC, lawyers practicing in the Claremore area of Rogers County in Oklahoma, have forty-five years of combined experience, and expertise in the area of family law.

FAMILY </br>LAW

FAMILY
LAW

Deborah and Wade Fathree have practiced extensively in the area of Family Law.

CUSTODY  </br>LAW

CUSTODY
LAW

Visitation rights and custody are serious legal concerns for any parent involved in a divorce or separation.

GRAND-PARENTAL </br>RIGHTS

GRAND-PARENTAL
RIGHTS

Fathree & Fathree, PC, recognize the important role that grandparents play in the lives of their grandchildren.  

SPOUSAL MAINTENANCE </br>LAW

SPOUSAL MAINTENANCE
LAW

The legal term denoting financial support of one spouse by another in the state of Oklahoma.

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Deborah and Wade have the experience necessary to represent you in all areas of family law and recognize that there are times when it is preferable to guide their clients to an amicable settlement but also know that there comes a time when "the gloves must be taken off" and aggressive representation is a necessity.
  • Divorce
  • Custody
  • Spousal Maintenance
  • Grand-Parental Rights
  • Adoption
  • Restraining Orders

HELPFUL INFORMATION

Some of the more frequently needed information to those in need of legal services of Family Law

DIVORCE

At Fathree & Fathree, PC, lawyers serving the Claremore area, we know that divorce can be an emotionally and financially difficult time for everyone involved, and all the more so for families with children. For that reason, it is important to arrive at an amicable legal decision as quickly as possible. Our experienced attorneys have extensive legal knowledge regarding family law, and can help you get the outcome you deserve in alimony and property discussions while making sure you maintain your parental rights.

If you are considering divorce, it is important that you hire an attorney before beginning proceedings in order to understand your legal position and rights in the event of divorce. While your desire to be free of a marriage may be straight forward, divorce law can be anything but. For example, you may be unaware that under Okla. Stat. tit. 43, § 102(A), at least one of the parties in the divorce must have been a resident of Oklahoma for at least six months in order to file for divorce.

Reasons for Divorce in Oklahoma

There are several legal justifications of divorce recognized in Oklahoma, affecting what legal options your attorney will pursue will depend on your individual situation. A good lawyer can be a welcome guide through this already difficult process. While divorce can be accomplished without a lawyer, the additional risk and confusion associated with the process may well make this process seem less like a shortcut and more like an expensive waste of time.

No-Fault Divorce

The most straightforward type of divorce is No-Fault, which cites incompatibility between two people as the reason for the divorce. When the desire for divorce is mutual, and no overwhelming legal concerns complicate the proceedings, a competent attorney can make no-fault divorce a relatively painless affair. It also circumvents the need of proving blame (even if it exists) and allows each individual and their attorneys to focus on matters more important than mudslinging, such as custody, visitation, alimony and restitution.

Contacting a lawyer and filing sooner, rather than later, is important, as Oklahoma enforces a ninety day waiting period after the filing of paperwork to allow time for reconciliation. While this may seem inconvenient, many divorce proceedings do end in reconciliation, and the requirement can be waived by the court if both parties agree to it.

When fault is present and provable, Oklahoma recognizes under Okla. Stat. tit. 43, § 101 several justifications for an individual to petition for divorce from their partner, although a few are somewhat archaic:

  1. Abandonment by the spouse for at least one (1) year.
  2. Adultery, which in the state Oklahoma is a (rarely prosecuted) felony.
  3. Impotency, although modern fertility treatments may make this harder to define.
  4. When the wife at the time of her marriage, was pregnant by a man other than her husband.
  5. Extreme cruelty on the part of either spouse.
  6. Fraudulent contract.
  7. Habitual drunkenness.
  8. Gross neglect of duty.
  9. Imprisonment of the other party in a state or federal penal institution under sentence there for the commission of a felony at the time the petition is filed.
  10. Insanity for a period equal to or greater than five (5) years.

CUSTODY

At Fathree & Fathree, PC, in Claremore, Oklahoma, we understand that losing a child is the greatest fear a parent can ever have. Our lawyers know custody of a minor can be hotly contested for a number of reasons. Visitation rights and custody are serious legal concerns for any parent involved in a divorce or separation. Whether losing the right to be part of their lives to a manipulative spouse, or fearing for their safety in the custody of an unstable or violent parent, having an attorney with years of experience in family law is a critical part of protecting your children and your place in their lives.

Certainly, no parent is without faults, and it is important not to let your own faults prevent you from being the best parent possible for your children. Deciding the fate of a minor is not a simple process for the courts, nor legally straightforward, and knowledgeable representation by a dedicated attorney is essential. Let a lawyer handle the legal work; it’s your job just to be a parent.

Physical and Legal Custody

The custody equation is complex. Oklahoma recognizes the distinction between a parent who has physical custody of children, and having the right to make decisions about or on behalf of a minor. Even a parent who has lost custody has a right in most cases to have a say in where their children attend school, and to be involved in major medical decisions. A good lawyer can help parents preserve those rights.

In cases where both parents are responsible adults, willing to work together for the benefit of their children, joint custody is an option that allows both parents to maintain physical and legal custody of their children, with either official or unofficial schedules for visitation.

Visitation

Oklahoma law treats visitation as yet another separate consideration from physical and legal custody, and considers it to be the right to visit and contact the children at all. The loss of visitation rights by a competent and loving parent is a tragedy, but does happen to parents who are poorly represented or ineptly advised by their attorneys’ and those who attempt to navigate the legal minefield on their own.

Types of Visitation

Having a lawyer can answer most tricky questions and legal complications that will arise. For example, visitation itself is not a straightforward legal term in Oklahoma, and is further divided into five self-explanatory categories:

Weekend

Holiday

Summer

Supervised

Telephone

Custody Decisions

It is the job of the Oklahoma court system to never side with either parent, but always with the minor involved in the dispute. In simple terms, the children always come first. To that end it is the goal of any parent not simply to prove that they deserve custody, or even that they are good parents, but that the child would benefit from continued contact, visitation, and being in the physical or legal custody of that parent. A lawyer can allow you to retain custody, by laying out the legal criteria for custody, and developing a strategy that will help you maintain the degree of custody you desire. If you are located in Claremore or the surrounding areas, our lawyers can help.

Any good parent knows they cannot do everything on their own, and when it comes to needing an attorney in a custody or other family law case, Fathree & Fathree is here to help. Our offices are located in Claremore, Rogers County, Oklahoma, and our attorneys serve Claremore and the surrounding areas including Vinita.

SPOUSAL MAINTENANCE

Spousal Maintenance

Fathree & Fathree, PC, lawyers practicing in the Claremore area of Rogers County in Oklahoma, have forty-five years of combined experience, and expertise in the area of family law.

Spousal Maintenance is also known as Spousal Support, but better known by the term - Alimony. All three are legal terms denoting financial support of one spouse by another.  Unlike some states, Oklahoma maintains an equitable distribution policy for alimony.

Equitable Distribution

Equitable in the context of alimony is sometimes misconstrued to mean equal, however, that is not the case. It is best summarized as “fair” and in particular “fair in the eyes of the court” according to Oklahoma legal statutes. Naturally, what you see as fair may not agree with the court’s interpretation, and almost certainly will not agree with what your spouse feels alimony payments should be.

Hiring an experienced attorney can have a heavy impact on your future financial security, and achieving a truly equitable alimony settlement. Fathree & Fathree, PC, provides legal advice to Oklahomans in Claremore and nearby areas, serving as tireless advocates for their clients.

There are many reasons to seek out spousal maintenance, and alimony can play an important role in allowing individuals who focused on home or family affairs over career matters during their marriage get back on their feet. It provides an important safety net towards personal and financial independence among driven individuals who have put their energies into the many non-financial pursuits involved in raising a family or maintaining a household. Finding a good lawyer can help turn your dreams of independence into reality.

However, it may be somewhat less than equitable for an individual to be expected to pay the expenses of a former spouse indefinitely. Turning one shared life back into two separate ones is often an ugly and difficult process, emotionally and financially. Part of settling a divorce and alimony schedule in an equitable manner is avoiding leaving someone in the lurch, but in the end, divorce is about two people moving on and building new lives. An unfair settlement due to poor representation on the part of the attorney, or lack of legal representation, can end up harming both parties, by extending dependence on one party for financial support and hindering both spouses in their desire to build their own live.

Lawyers can also be extremely useful in navigating the often substantial amounts of paperwork that divorce proceedings produce. Another duty of a divorce lawyer is to peruse that paperwork for any potential pitfalls an untrained eye might miss.

The professionalism and years of experience attorneys at Fathree & Fathree, PC, can bring to any spousal maintenance case in or near Claremore, Oklahoma, will make certain that your side of the story is turned into the strongest possible legal position. Divorce is a difficult time for everyone involved, and we understand that. Our attorneys will labor to make alimony and equitable distribution truly equitable, so that you can maintain financial and personal freedom and start your new life on the best possible terms.

THE IMPORTANCE OF LEGEL REPRESTENTATION

Under Okla. Stat. tit., 43 § 121(B) property is divided up equitably during a divorce. Equitably does not, please note, mean equally.  Under Oklahoma law, it means that property will be divided up in a manner which the court believes fair. The importance of hiring excellent legal representation should be fairly self-evident under the circumstances. Not hiring a lawyer could be an expensive mistake.

By the time a marriage has reached a point where its dissolution is necessary, there can be a great deal of animosity between those seeking the divorce. Even normally generous individuals can be caught up in the desire to punish the other party through the legal system. Maintaining your fiscal future through a reasonable alimony settlement is not something that should be left to chance. The lawyers of Fathree & Fathree has over forty-five years of combined experience to help citizens of Claremore achieve the divorce settlement they deserve.

Children are often the worst effected by a divorce, and, as a responsible parent, it is essential to strive for an outcome that damages them the least. As such, a concerned parent needs not just legal advice, but a dedicated advocate in their attorney.

Sometimes nastiness goes beyond mere words and legal gestures. In cases where you believe your safety, or the safety of other family members is at risk, contact Fathree & Fathree immediately if you live in the Claremore area. Our attorneys can file restraining orders and advise you on other legal measures you can take to protect your personal safety, and the safety of those you love.

For Oklahoma residents in the Claremore area, including Vinita, Fathree & Fathree, PC, is available to represent you in your case. Our attorneys will bring compassion and competence to your case, and work tirelessly to get you the outcome you deserve.

CALL US TODAY

918-341-1060

About Fathree & Fathree

At Fathree & Fathree, PC, lawyers serving the Claremore area, we know that legal problems can be an emotionally and financially difficult time for everyone involved, and all the more so for families with children. For that reason, it is important to arrive at an amicable legal decision as quickly as possible. Our experienced attorneys have extensive legal knowledge regarding family law and criminal law can provide your legal needs. Let us fight for you!