Legal Separation

The A&M TeamFamily Law

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In Oklahoma, married couples have the option of entering into a legal separation to end their marriage instead of filing for divorce. Legal separation allows the two parties in question to live apart without divorcing and may be a good option for those who are either trying to save their marriage or want to stay legally married for religious, health, or insurance purposes.

To file for a legal separation in Oklahoma, you will need to go to the district courthouse in your county and file the proper paperwork. At this point a judge will preside over any issues of child custody or finances that need to be sorted out.

What Does a Legal Separation Involve?

In Oklahoma, a legal separation will involve the following:

  • Cessation of community or marital property
  • The spouse who supports the other financially is entitled to various tax deductions for those payments
  • The spouse who receives support must pay taxes on those dollars

A legal separation is stating that certain circumstances have led to it being intolerable for the parties to live together but they do not want to dissolve the marriage itself. This can be a somewhat complicated situation, which is why it may be in your best interests to retain the services of a family law attorney.

What Are the Most Common Reasons for a Legal Separation?

In most cases, filing for a legal separation has the same requirements as filing for a divorce. This will include a fair division of all assets and debts, as well as a parenting plan for the children and child support, if applicable. Here is a look at some of the most common reasons a couple may choose to file for a legal separation:

  • Adultery
  • Incompatibility
  • Abuse
  • Fraud
  • Neglect of duty
  • Imprisonment
  • Insanity

A legal separation allows the couple to remain married, which makes it much easier to return to the marriage from a legal separation, if they so choose. In Oklahoma, a legal separation is essentially a divorce without dissolving the marriage. Since there are serious matters involved, Oklahoma law requires a legal separation to be done through the court.

To learn more about legal separation in Oklahoma or to meet with one of our experienced family law attorneys to go over your case, please contact Atkins & Markoff today. We will be able to go over the specifics involved in a legal separation, giving you the tools and information necessary to make a decision that will benefit both parties