A legal separation is an exception to the rule that a husband and wife cannot alter their legal relations (except as to property) by contract. (Okla. Stat. tit. 43 § 205). Legal separations are very similar to divorce in Oklahoma. Upon the filing of a petition for legal separation, the matter will be set for a temporary order hearings. At this hearing, either by agreement or after a hearing, a temporary order enters. This order is temporary and will deal with all things of the marriage including child custody and visitation on a temporary basis. If you and your spouse resolve your marital problems you can file to dismiss the case. If on the other hand you can’t resolve the problem, the separation agreement can convert in to a divorce filing.
Whats The Purpose of Legal Separation:
The policy behind a legal separation is that the parties may take additional time before divorce to reconcile. Sometimes a simple breathing period is necessary. Perhaps during the short time the couple will be able to sort through their problems. The reality of the situation is that sometimes this is in fact the case. As a Tulsa divorce attorney I’ve filed both separations and divorces where the parties later reconciled. Till this day those same clients come by my office for what ever reason and they’ve remained married.
Oklahoma Separation Requirements:
The requirements for filing a separation are the same as for filing a Tulsa divorce. This includes that you must have lived in the state the six moths before the case files. Just like in divorce the county you file in is the one you’ve lived in for 30 days prior to filing. Like a divorce you will enter orders for custody, visitation, and support just like you would in a divorce. the big difference is the orders are temporary until you either reconcile or convert the case to divorce.
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