Getting a Legal Separation is Much Like Getting a Divorce in Oklahoma
In Oklahoma, a legal separation is handled in much the same way as a divorce. Both require the formal filing of a petition and response in family law court. Both require the resolution of issues between the couple and a final order from the court. There are some differences though. A couple may need or want to stay legally married for various reasons, be they religious, or financial, or other reasons, while still untangling their lives together.
If you are considering a legal separation, you should be aware of not only the process involved, but also what a legal separation is and how it functions in Oklahoma. Be sure and consult with a Tulsa family law attorney to determine what is right for you and your circumstances.
Legal Separation: Its Purpose and Process
In a legal separation, a petition is filed requesting legal separation as opposed to the dissolution of marriage. The petition is then served upon the other spouse who is required to file a responding pleading. Then a temporary hearing is held in which the court issues temporary orders, including child custody and visitation and financial orders.
The couple must still come to long-term agreement regarding separation of property, support and custody matters. Once the court orders the legal separation, the parties, though still married, are able to move on separately. Their financial lives are untangled and one party cannot be held liable for the debts incurred by the other.
Subsequently, if reconciliation occurs, the case can be dismissed. Alternatively, if reconciliation is unattainable, the separation can be converted into a divorce if the parties choose to do so. The primary aim of legal separation is to afford couples time to reconcile before reaching a permanent resolution. Requirements mirror those of divorce filings, necessitating six months’ residency in Oklahoma and 30 days’ residency in the filing county. Asset division and determinations regarding custody and visitation are addressed in separation orders. Notably, the key distinction lies in the temporary nature of separation.
How Divorce is Different
Unlike legal separation, divorce is irrevocable. The decree legally renders the parties as single individuals. Similar residency prerequisites apply. Oklahoma allows both “fault” and “no-fault” grounds for divorce, with asset division based on equitable distribution, emphasizing fairness over strict equality.
Alimony may be requested in both processes, contingent on genuine need and the supporting spouse’s financial capacity. Child support orders are also standard in both divorce and legal separation proceedings. Child custody and support are often the most contentious part of both proceedings. Courts determine who has custody during a legal separation in Oklahoma.
Remarriage and Consultation with a Divorce Attorney
Legal separation does not terminate marriage. You may not remarry until and unless you obtain a divorce decree. Following divorce, a six-month waiting period is mandated for remarriage, with violations constituting felony adultery.
For guidance on selecting between legal separation and divorce, consulting a Tulsa divorce attorney is recommended. An attorney can provide insights into pertinent relationship issues and advise on the most suitable process.
Initial Consultation With an Experienced Tulsa Legal Separation Attorney
Navigating the Oklahoma divorce process necessitates careful consideration of individual circumstances and legal options. Seeking professional guidance can offer clarity and ensure informed decisions are made. For a confidential consultation, individuals can reach out to experienced Tulsa divorce attorneys at 918-924-5526.