Legal Separation

Legal Separation is a way to press the pause button in a marriage. Sometimes, married couples need time to work out issues before considering divorce.  While just physically separating may be enough, other times the Legal Separation parties need an order in place. The order will set out the rights and obligation of the parties during the separation.

Oklahoma family law allows married couples to file for legal separation.  The requirements for filing are the same as the requirements for divorce. Separation cases resolve all the same issues as a divorce. This includes property division, debt allocation, child custody, child visitation, child support and even alimony.  The main difference is that instead of dissolving the marriage, the parties remain married.

Reasons to Seek a Separation:

There are several reasons why married individuals seek a separation over divorce.  For instance, a separation may work as a temporary resolution for couples who are uncertain about getting a divorce.  If the couples are trying to resolve their differences, a separation can give them breathing room to work it out.  If the parties divorced, they would need either file to vacate the divorce or remarry. In either case parties must meet certain requirements. Additionally, it’s also easy to modify a legal separation into a divorce if the parties decide not to reconcile.

Another instance this arrangement may be preferred is when there are minor children involved.  Often times married couples, that would otherwise be divorced, have stayed together for the sole purpose of raising the children.  Plus, the mere idea of their parents getting a divorce can be extremely stressful for the children of the marriage.  If the parents are concerned about their children, a separation may be appropriate, until the children are old enough to better understand the changing family dynamics or are no longer a factor in the divorce proceeding.

Separating When You Have Children:

Additionally, when filing for a divorce that involves minor children, Oklahoma divorce law imposes a ninety (90) day wait period before a divorceLegal Separation finalization.  Here again, a legal separation may be appropriate to divide the parties’ assets and property, while the parties wait to finalize their divorce.

Finally, clients often approach us about legal separations in Oklahoma when the married couple has religious or personal reasons to avoid a full divorce.  For example, a legal separation would be appropriate for those individuals who do not plan to remarry or have no desire to dissolve the marriage.  A legal separation would allow these individuals to separate and divide their marital assets, but still maintain their vows of marriage.

This is of course a broad overview of legal separation in Oklahoma.  There is still some complexity to filing for legal separation and some legal aspects, especially regarding property division, that should be discussed with an attorney before pursuing a legal separation.

An interesting Family Law article; Dividing property in divorce

Contact a Family Attorney in Tulsa:

If you’re considering divorce or separation in we can help. Our attorneys can meet with you within 24 hours for a free consultation. Otherwise, you can call our office or email for Free information regarding legal separations in Oklahoma. 539-302-0303

Tulsa Divorce Attorneys Blog

What Is The Best Form Of Child Custody In Oklahoma?

The best form of child custody In Oklahoma is one in which the parents fully understand the differences between the several choices. Successful co-parenting not only requires a combination of appreciation for the wellbeing of your child, but also a plan for how the custody arrangement will be implemented. There are many forms of child custody you can consider to meet the specific needs of your family. You must also understand that child custody does not simply involve determining where the child will live. There are other… Read More

Family Attorney Discusses Divorce Process in Tulsa

Are you considering filing for divorce? We invite you to consult with our family lawyers.  We will discuss your legal rights and obligations regarding Divorce Process in Tulsa. Our affordable divorce  attorneys can help guide you through your divorce and protect your assets, children, and financial future. Contact us today for a consultation. Divorce Process in Tulsa Overview: In order to file for divorce, a party must assert a valid legal claim in which he/she will petition the court to dissolve his/her marriage such as the following: Irreconcilable… Read More

Does Adultery Affect Alimony Awards in Oklahoma?

Whether adultery will affect the court’s decision regarding alimony awards will depend on many factors. Alimony, or spousal support, is a financial payment a court orders to support a spouse after a divorce. In Oklahoma, the court has broad discretion when determining alimony, considering factors like the length of the marriage, the financial needs of the requesting spouse, and the paying spouse’s ability to pay. Alimony in Oklahoma: The Basics Alimony in Oklahoma provides financial support to a spouse who may be at a disadvantage after ending… Read More

Mediation and Tulsa Divorce

Mediation and Tulsa Divorce go hand in hand. This is because before a trial can go forward the Judge will order both parties to mediation first. No matter how a divorce resolves, the process from start to finish is undoubtedly stressful.  However, there are ways to minimize as much stress as possible from the equation, and this involves mediation.  Some spouses are able to easily agree to divorce and go their separate ways.  Conversely, others have a much more difficult time getting even the smallest of issues… Read More