Sometimes, married couples want to go their separate ways without legally severing the marriage. Unlike many other states, Oklahoma allows couples to petition for a legal separation rather than a divorce.
It can be advantageous for those who are not ready for divorce but still need to deal with many of the same issues they would if divorcing.
The difference between legal separation and divorce
Legal separation and divorce both involve living apart and addressing similar matters, such as child custody, support and property division. However, the key difference is that legal separation does not end the marriage. Couples remain legally married and cannot remarry unless they obtain a divorce.
Legal separation can be a temporary solution or a long-term arrangement, depending on the needs and wishes of the involved spouses.
Benefits legal separation can offer
In a legal separation, spouses may live apart and manage their finances separately while enjoying certain marital benefits. Two of the main reasons couples seek this solution are to maintain uninterrupted health insurance coverage and to avoid breaking the marital covenant for religious reasons.
Separating with a formal agreement can preserve the marital bond while allowing each spouse to live independently of one another.
Getting a legal separation in Oklahoma
One spouse must file a petition with the court in the county where either spouse resides. The petition should include an affidavit outlining the reasons for the separation and any requested temporary orders for child custody, property division and spousal or child support.
Having legal guidance can help you ensure the legal separation agreement contains terms that treat each spouse fairly.