Divorce

At Moxley Law Firm, PLLC, our focus is Family Law and getting the best result possible for our client. We understand the reality that relationships are difficult. It is a fact – sometimes they work out and sometimes they simply do not. Parting ways with your spouse can be both heartbreaking and frustrating. There may be no other time in your life that is more difficult to navigate than going throught a divorce or legal separation. The complexity of the legal issues and the concerns over an uncertain future can sometimes be overwhelming. During times like these, it is important that you have a strong advocate there to support you. We will be there to support you at every stage, preparing you for the steps that lie ahead and diligently working to obtain the best possible outcome on your behalf.

My clients are my central focus. I handle a variety of cases, ranging from simple uncontested matters to high conflict cases involving complex issues. Regardless of your particular situation, rest assured that our firm has the experience and ability to meet your needs; and we will stand beside you throughout the process.

From the beginning of filing or answering a petition to the entry of a final divorce decree, I will be with you every step of the way, zealously advocating for your rights. My job as your attorney is to explain all options available to you. Each of my clients has a unique story, which is why I customize my approach accordingly. Perhaps your case can be resolved with the help of Parenting Coordinator or through the mediation process, which can be more judicious and cost effective. Or perhaps your situation is more complex, and despite all good faith efforts of resolving the matter, a trial is inevitable.

I am an  experienced trial lawyer; and I regularly litigate child custody & visitation, child support, property division, allocation of debt, support alimony, business valuations, determination of separate assets and debts, prenuptial agreements, relocation, paternity, and grandparent visitation.

Child Custody, Visitation & Support

Worry for your children can add another dimension of stress to a divorce or paternity action. With Divorce Tulsa, you can depend on our knowledge and experience to ease your mind. We understand the reasons for your concern, and we will work tirelessly toward achieving your goals. We will put together a solid legal strategy to get you and your children the best possible financial, physical and legal custody result.

Child Custody

When the parents of minor children decide to live apart, the question of custody of the children must be decided. In Oklahoma, the term custody refers to legal custody and decision-making authority. Custody is distinct and different than visitation and parenting time. Legal and physical custody are two very distinct issues.

There is a growing trend for custody disputes to arise early in the litigation, primarily due to a societal change over the last 25 years regarding the involvement of both parents in child-rearing. It is not uncommon in American households today for the father to share an equal or greater responsibility in the rearing of children. This phenomenon of men taking a more active care-giving role has not only created more custody trials, but it has also made the decision of the trial court much more difficult.

When deciding the issue of legal custody, the court will consider the best interest of the child based upon all evidence provided to the court, such as the needs of the child, the child’s relationship with each parent and other family members, which parent has historically been the main caregiver, the living environment, the mental and physical health of all parties, alcohol and/or drug use, criminal history, and the preference of the child.

Visitation / Physical Custody

Visitation (also known as physical custody and parenting time) issues can be the most important issue in some cases. The thought of losing day-to-day contact with one’s child is daunting. As more and more couples share in the parenting role of their children, the sense of loss for the children has intensified when couples break up.

Visitation schedules can be customized to meet the best interest of your children, while also considering your needs such as your work schedule.

Relocation

Relocation is one of the most hotly contested issues during and after a divorce or paternity case. Gone are the days when Oklahoma citizens were born, lived and died in the same community. At the same time that divorce rates have soared in America, so has our ability and desire to relocate for education, employment, and personal reasons. Relocation to further one’s education or obtain suitable superior employment is routinely applauded; however when divorce separates the family and relocation no longer includes mother, father, and children together, a myriad of complications and conflicts can arise in the area of child custody and visitation.

Child Support

Every child needs emotional and financial support from both of their parents. However, determining the amount of child support can be a difficult prospect for many parents. At Divorce Tulsa, we can help you understand how child support works in Oklahoma. We offer a compassionate and safe atmosphere for our clients, regardless of whether you are going through a divorce or seeking child support outside of marriage.

Our attorneys will work one-on-one with you to help you understand the child support guidelines and how they pertain to your case. We will give you an honest and complete assessment of your financial situation; and we will fight to get you the best possible child support order, whether you are the parent receiving or paying child support.

The well-being of your children is probably one of your top priorities in life. Protecting them from harm during a divorce, separation or paternity action can be a difficult task. These are complex issues that require the attention of a qualified family law attorney. At Divorce Tulsa, we represent clients on both sides of custody, visitation, and support matters. Our experience and understanding of the law allows us to provide effective representation to every client we serve.

Post Decree Modification & Enforcement

The orders that are established when a divorce is finalized are a product of the circumstances that existed at that time. However, circumstances can change over time (such as relocation, a new job, remarriage, or a medical condition); and those situations may affect the terms previously established by your divorce decree or child custody agreement to such a degree that the original orders can no longer be accommodated. In these cases, it may be possible to petition the court to modify the orders to reflect current conditions.

There are primarily four areas where modifications can be made to the original order: child custody, visitation, child support, and spousal support (otherwise known as alimony). Modifications to custody or visitation may be appropriate when there has been a change in job schedules or location. Modifications to child support or spousal maintenance may be appropriate if there has been a significant change in income.

If your former spouse is not complying with your Court Order, we can help with order enforcement and contempt of court issues. Oklahoma courts have attached such great importance to visitation orders that one who fails to obey such an order may face drastic consequences. When a parent has been granted visitation rights, and those rights have been interfered with or denied by the other parent, it may be necessary to file a motion to enforce visitation or an application for contempt of court. Likewise, failure to pay court ordered child support is not taken lightly by our courts, and the consequence can be significant.

Oftentimes, a neutral party may be appointed to help you and your spouse (or former spouse) co-parent and follow the terms of your court order. We also serve as Parenting Coordinators, Guardians ad Litem, and Mediators.

Whether you have experienced a change in circumstances that could create grounds for a modification or you need help enforcing an order, it is important that you have an experienced family law attorney who has the ability to help you obtain a favorable outcome. At Divorce Tulsa, we will advise you on the law and give you an honest analysis of the viability of your claim.

Paternity

If you have a child born outside of marriage, you need to know your rights. Divorce Tulsa, can fully explain the various issues involved in a paternity matter. Whether you are the mother or father of a minor child, we can assist you in establishing paternity and entering an order concerning the care, custody, and support of your minor child. Most importantly, you need to understand the process and your individual rights.

Paternity issues involve child custody, visitation, and child support. A mother will often want an established visitation schedule and may need financial support for the care of the minor child. A father generally seeks to establish Paternity to get an order for child custody and to establish his legal rights. Sometimes parentage is contested, and DNA testing is necessary. Whether you are the mother or the father, custody of your child, visitation schedules, and child support will be addressed in a Paternity action.

Time is of the essence in Paternity cases. Our firm can walk you through the laws and different scenarios presented through a Paternity action. We are highly experienced in dealing with Paternity matters and serve as your advocate in establishing your legal rights and your desires in establishing an Order of Paternity. We offer a unique team approach, with our client serving as our central focus. We work together to understand your position. We know that this can be an emotional time, and we will navigate you though this often confusing and difficult process. We handle a variety of cases, ranging from simple uncontested matters to high conflict cases involving complex issues. Regardless of your particular situation, rest assured that our firm has the experience and ability to meet your needs; and we will stand beside you throughout the process.

If you have already established Paternity and have an Order, but there has been a change of circumstances, and you want to modify your Paternity Order, we can assist with a modification of custody, visitation, child support, and other issues. Perhaps the other parent is not complying with your Order; we can help with order enforcement and contempt of court issues. Perhaps you need a neutral party to help you and the other party co-parent and follow the terms of your court order. We also serve as Parenting Coordinators, Guardians ad Litem, and mediators. Whatever your family law need, Divorce Tulsa, is ready to work with you and achieve your goals.

Grandparent Rights

Apart from a child’s own parents, the relationship with his or her grandparents is likely one of the most important relationships in a child’s life. Grandparents often serve as caregivers during their early years and the ones who provide comfort in a way that nobody else can.

Many people do not realize how the end of a marriage can affect extended family. Whether a couple parts ways because of divorce or an unfortunate situation such as the passing, incarceration, or incapacitation of one spouse, the whole family is affected. As a grandparent, your rights to see your grandchildren may not end simply because the parents’ relationship ended.

In Oklahoma, grandparents are not automatically entitled to visitation rights with their grandchildren. There is a presumption under the law that the parents decide what is and is not in their children’s best interests, including whether or not the grandparents will have access to them. That is not to say, however, that there is no way for grandparents to gain access.

These are complex and often emotional cases. Be sure you have a qualified lawyer with the ability to properly handle your case. The attorneys at Divorce Tulsa represent parents and grandparents in a variety of cases involving grandparents’ right to have access to their grandchildren. Our experience in these matters includes initiating and defending against actions seeking grandparent visitation rights. Our attorneys’ depth of experience and understanding of the law allow us to provide innovative solutions to the most complex and highly contested grandparents’ rights matters. Whether you are a parent who needs to challenge a grandparent’s petition for access or a grandparent seeking to obtain visitation, we are prepared to provide the effective representation you need

There are primarily four areas where modifications can be made to the original order: child custody, visitation, child support, and spousal support (otherwise known as alimony). Modifications to custody or visitation may be appropriate when there has been a change in job schedules or location. Modifications to child support or spousal maintenance may be appropriate if there has been a significant change in income.

If your former spouse is not complying with your Court Order, we can help with order enforcement and contempt of court issues. Oklahoma courts have attached such great importance to visitation orders that one who fails to obey such an order may face drastic consequences. When a parent has been granted visitation rights, and those rights have been interfered with or denied by the other parent, it may be necessary to file a motion to enforce visitation or an application for contempt of court. Likewise, failure to pay court ordered child support is not taken lightly by our courts, and the consequence can be significant.

Oftentimes, a neutral party may be appointed to help you and your spouse (or former spouse) co-parent and follow the terms of your court order. We also serve as Parenting Coordinators, Guardians ad Litem, and Mediators.

Whether you have experienced a change in circumstances that could create grounds for a modification or you need help enforcing an order, it is important that you have an experienced family law attorney who has the ability to help you obtain a favorable outcome. At Divorce Tulsa, we will advise you on the law and give you an honest analysis of the viability of your claim.

Relocation

Relocation is one of the most hotly contested issues during and after a divorce or paternity case. Gone are the days when Oklahoma citizens were born, lived and died in the same community. At the same time that divorce rates have soared in America, so has our ability and desire to relocate for education, employment, and personal reasons.

Relocation to further one’s education or obtain suitable superior employment is routinely applauded; however when divorce separates the family and relocation no longer includes mother, father and children together, a myriad of complications and conflicts can arise in the area of child custody and visitation.

There are primarily four areas where modifications can be made to the original order: child custody, visitation, child support, and spousal support (otherwise known as alimony). Modifications to custody or visitation may be appropriate when there has been a change in job schedules or location. Modifications to child support or spousal maintenance may be appropriate if there has been a significant change in income.

If your former spouse is not complying with your Court Order, we can help with order enforcement and contempt of court issues. Oklahoma courts have attached such great importance to visitation orders that one who fails to obey such an order may face drastic consequences. When a parent has been granted visitation rights, and those rights have been interfered with or denied by the other parent, it may be necessary to file a motion to enforce visitation or an application for contempt of court. Likewise, failure to pay court ordered child support is not taken lightly by our courts, and the consequence can be significant.

Oftentimes, a neutral party may be appointed to help you and your spouse (or former spouse) co-parent and follow the terms of your court order. We also serve as Parenting Coordinators, Guardians ad Litem, and Mediators.

Whether you have experienced a change in circumstances that could create grounds for a modification or you need help enforcing an order, it is important that you have an experienced family law attorney who has the ability to help you obtain a favorable outcome. At Divorce Tulsa, we will advise you on the law and give you an honest analysis of the viability of your claim.

Protective Orders

At Moxley Law Firm, PLLC, I understand that relationships are not always easy; they can be difficult and take work. Sometimes when things go bad in a personal relationship, it can turn dangerous. Domestic Violence is a serious issue that impacts every population, regardless of race, gender, age, and socioeconomic level. It knows no boundaries or limits. Often abuse occurs behind “closed doors” and remains a secret to family and friends. Whether it stems from allegations of domestic violence (physical abuse, emotional abuse, religious abuse, sexual abuse) or stalking, we are able to assist you in pursuing your legal rights. Seeking a Protective Order may be necessary to aid in pursuing your rights and part of your safety planning.

If you are a victim of domestic violence or stalking, you are involved in a very serious situation. There are non-profit agencies in the area that deal specifically with domestic violence and stalking, and they can assist you with counseling, safety planning and other non-legal matters. We will reach out to those respective community partners and add them to our team, while pursuing your protective order case. Please remember that your safety is the most important thing. You are not alone, and we can help you. Domestic Violence Intervention Services (DVIS), a local non-profit organization, has a 24-hour crisis line: 918.7HELPME (918.743.5763).

We also understand, that at times, people abuse the judicial system. One part might make false allegations against the other, for vindictive reasons. If you believe that you have been falsely accused of domestic violence or stalking in a Protective Order matter, we can assist you in pursuing your legal rights. Time is of the essence in Protective Order matters. If you are served with an Emergency Protective Order, know that it is in place and an order of the Court. There are legal implications to having a Protective Order issued against you; you will need legal assistance quickly to understand your rights and prohibitions.

There are primarily four areas where modifications can be made to the original order: child custody, visitation, child support, and spousal support (otherwise known as alimony). Modifications to custody or visitation may be appropriate when there has been a change in job schedules or location. Modifications to child support or spousal maintenance may be appropriate if there has been a significant change in income.

If your former spouse is not complying with your Court Order, we can help with order enforcement and contempt of court issues. Oklahoma courts have attached such great importance to visitation orders that one who fails to obey such an order may face drastic consequences. When a parent has been granted visitation rights, and those rights have been interfered with or denied by the other parent, it may be necessary to file a motion to enforce visitation or an application for contempt of court. Likewise, failure to pay court ordered child support is not taken lightly by our courts, and the consequence can be significant.

Oftentimes, a neutral party may be appointed to help you and your spouse (or former spouse) co-parent and follow the terms of your court order. We also serve as Parenting Coordinators, Guardians ad Litem, and Mediators.

Whether you have experienced a change in circumstances that could create grounds for a modification or you need help enforcing an order, it is important that you have an experienced family law attorney who has the ability to help you obtain a favorable outcome. At Divorce Tulsa, we will advise you on the law and give you an honest analysis of the viability of your claim.

Misdemeanors

Representation for minor infractions including, but not limited to, DUI’s, Assault and Battery,  and Violation of Protective Orders.  If a criminal case is affecting your domestic matter, we can assist you in both courtrooms.

Expungements

In the common law legal system, an expungement proceeding is a type of lawsuit in which an individual who has been arrested for or convicted of a crime seeks that the records of that earlier process be sealed or destroyed, making the records nonexistent or unavailable to the general public.  We can also expunge protective orders.