What is legal separation?

You’ve probably heard someone say that they are separated from their spouse. What you probably wondered is – how is separation different from divorce? Afterall, separation looks like divorce in Oklahoma and acts like divorce in Oklahoma, but isn’t divorce. Why would someone file for separation and not divorce?

Key points that only apply to legal separation:

• After legal separation you are still married. If divorce is out of the question based on religion or other reasons, then legal separation is a good option to look into.
• There is less finality in legal separation. The Decree of Legal Separation with respect to property division can be modified in a subsequent divorce hearing. Property division in a divorce cannot be modified unless both parties agree in a subsequent hearing.
• There are lesser qualifications for legal separation. Oklahoma Divorce law requires residency and waiting periods.

Key points that apply to both legal separation and divorces in Oklahoma:

• Both processes are emotionally taxing.
• Both deal with property division, the division of assets and debts.
• Both assess custody and child support.
• Both assess spousal support.

Legal separationin Oklahoma works for some people. Realistically, people who see divorce in their future might not want to consider legal separation. In the case of the latter, you are dragging yourself through the mud of family court twice.

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