Cindy Allen & Associates PLLC

Phone: 405-310-8673

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November 2015 Archives

Dividing retirement accounts in divorce cases

Unless a couple in Oklahoma has a valid prenuptial agreement stating otherwise, they should expect that if their marriage ends they will be required to divide their retirement accounts in the property division stage of the divorce process. Under Oklahoma law, all amounts that have accrued in retirement accounts during the marriage are considered to be marital property, and the court will order it to be divided no matter who made the contributions.

Custody battles and the best interest of the child

Oklahoma parents who might be considering filing for divorce might be wondering about a possible custody battle and what it means to a child. Commonly, many parents who are divorcing and engage in this type of dispute say that they are doing it in the best interest of the child. However, battling over child custody can often have the opposite effect.

Transgender father denied custody and visitation rights

Though same-sex marriage is now legal in every state including Oklahoma, there is still a lot of legal confusion around same-sex child custody issues. In Maryland, a transgender man who was involved in a same-sex relationship before his transition has been denied the right to see his child after a divorce. Although the man was married to the child's biological mother, a trial court found that he is a 'legal stranger" to the child he raised for two years.