How Divorce and Legal Separation are Different in Oklahoma
If a marriage is not working out and the parties in that union decide to reassess their relationship, either a divorce or legal separation may follow. However, there is often confusion about these two terms and what they actually mean. For an Oklahoma divorce, there are residency requirements. One must live in the state for at least six months and reside in a county where they are going to file for divorce for a minimum of 30 days. Legal separation in Oklahoma, by contrast, can be filed without being a resident for the six-month timeframe.
Whether you are considering legal separation or divorce in Oklahoma, working with an experienced family law attorney can be greatly beneficial. At the Putnam Law Office, the Oklahoma City family law attorney can assist you by providing experienced and dedicated legal representation to help you secure the most favorable outcome for your situation.
The Differences Between Legal Separation and Divorce
In the Sooner State, a legal separation can happen faster than a divorce because the six-month residency requirement does not exist. When legal separation happens, the spouses are still legally married, in other words, the marriage is not dissolved in this process. A legal separation, however, acknowledges a split between the couple and each can live separately in their own home. As a result, the financial obligations of each party can also be established through the separation order. Child custody or spousal maintenance are examples of what can be included.
A legal separation is a valid option for people for many reasons. Some couples want to have a divorce but file for a legal separation as a means to legally disconnect from each other earlier. Then, at a later date, they can officially divorce. In other situations, a legal separation gives couples a break from each other to reflect on their marriage and what it would be like to be without one another. Here the ability to live independently and apart may make the ultimate decision of whether to divorce or not more clear. Maybe the decision to part ways is agreeable and not contentious and there is still the motivation to help each other out. Insurance coverage is a prime example of where this may apply. Divorce precludes one party to cover the other with their health insurance, but with a legal separation, insurance coverage can still maintain both parties.
What is similar between a legal separation and a divorce is that orders you may want like visitation, child custody, asset division, and more can be determined in both processes. Legal separation still maintains a tie with both parties who continue to be legally married. Divorce is a process that ends a marriage.
Speak with an Oklahoma City Divorce Attorney Today
Determining what is the right approach for your relationship is something that you can discuss with the experienced Oklahoma City divorce lawyer at the Putnam Law Office during a free consultation. To schedule a time to meet and go over your unique situation and objectives, please call the Putman Law Office at (405) 849-9149.
