The emotional and physical toil that an individual goes through during a separation can be overwhelming. It is important to understand the difference between a legal separation and a divorce in Oklahoma because the purpose behind each is very different from the other.
The two legal processes produce different outcomes in the various legal categories.
Purpose Of Legal Separation
The process of a legal separation is similar to a divorce proceeding. A petition is filed and a temporary hearing takes place. At the temporary hearing, temporary orders are given, including child custody and visitation.
At the next hearing if you and your spouse have reconciled, you can ask the judge to dismiss the case. If you and your spouse were not able to resolve your issues, then the separation can be converted into a divorce.
The main purpose of a legal separation is to allow the couple time to reconcile before they decide on a very final result. It is common for spouses to remain married after breathing room and time to resolve any issues.
The requirements for a separation are the same as filing for a divorce in Tulsa, Oklahoma. You must have lived in Oklahoma for six months before filing, and you must have lived in the county where you are filing for at least the last 30 days. Orders dividing assets and determining custody and visitation are included in a separation as well.
The biggest difference between a legal separation and a divorce is the temporary nature of the separation.
Purpose Of Divorce And Qualifications
Unlike a legal separation, a divorce is permanent. This is not to say the parties cannot be in a relationship again, but legally they are single individuals and they are not availed the benefits of marriage.
The requirements for divorce are the same as a legal separation. They include residency in the state of Oklahoma for at least six months and 30 days in the county you are filing in.
Oklahoma also allows “fault” and “no-fault” grounds for divorce. “No-fault simply means you and your spouse were not compatible, also known as “irreconcilable differences.” At-fault divorce means one spouse has committed a violation of Oklahoma statute pertaining to marriage — for example, adultery.
Asset Division
Whether you file for legal separation or divorce, the court will divide your assets using the equitable distribution process. This process is one of fairness, not necessary equality. Property is not divided 50-50, rather the court decides what would be fair taking the circumstances into consideration. This means either you or your spouse may receive more than 50 percent of the assets.
Alimony
With both legal separation and divorce, a spouse can request alimony. However, the spouse must genuinely need the support for everyday living. The supporting spouse must also be able to financially pay alimony without compromising their lifestyle.
There is no calculation the courts use for determining alimony. Instead, judges have wide discretion in assigning amounts. Temporary alimony can be ordered during divorce proceedings, legal separation, and after a divorce is final.
Child Support
The divorce process and the legal separation process both include orders for child support. Oklahoma uses the “income shares” model when determining child support. This model combines both parents’ incomes and then decides what percentage should go toward the child’s benefit.
Legal separation is temporary — if the legal separation is dismissed so is the order for child support.
Remarriage
A legal separation does not actually terminate your legal marriage, thus remarriage is not possible under this process. If you elect for a divorce, you and your spouse must wait six months from the date of the divorce decree before getting remarried, unless you are remarrying your prior spouse.
Additionally, if you choose to remarry in a different state and choose to reside in Oklahoma, if the waiting period has not run, you are technically guilty of felony adultery. You must wait six months after receiving your final divorce papers to legally remarry.
Free Consultation With A Tulsa Divorce Lawyer
Deciding whether legal separation or divorce is best for you and your spouse can be a difficult decision, your greatest resource is a Tulsa family divorce attorney. A family divorce attorney can walk you through the major issues in your relationship and help you decide the process that makes sense.
Contact an experienced Tulsa divorce attorney when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
