Divorce and legal separation in Oklahoma bring huge changes to the family. It is a time of great upheaval. When children are involved, it can bring even more stress to both parents and children. Therefore, it can help to have your questions answered before the process begins. Bring your questions regarding child custody during a legal separation to an experienced Tulsa divorce attorney.
Legal Separation In Oklahoma: Implications For Custody
Legal separation and divorce are similar but different in some important ways. A divorce proceeding ends in a final dissolution of the marriage. Divorce provides a clear ending date for the marriage. Once the marriage is dissolved, both parties can remarry should they choose to.
Legal separation does not end a marriage, but provides a legal framework for the severing of financial and other legal obligations and duties between the parties. This allows the parties to live separately and requires some disentangling of assets and financial obligations. It also includes determining issues such as child custody and visitation, child support, and spousal support.
There is no residency requirement in filing a petition for legal separation. The spouse seeking a separation must file a petition and affidavit with the court.
Oklahoma law specifies that a judge can determine issues of child custody not only in divorce proceedings, but also during legal separation proceedings. Oklahoma law specifies that in a legal separation, a judge may issue any civil process necessary regarding custody have any minor children of the marriage. The court may award custody of the child to either party or both in accordance with the best interests of the child. Okla. Stat. tit. 43 § 109.1
Types Of Custody Available During Legal Separation
Custody can be joint (split between the parents) or sole. In sole custody, the child lives with one parent and the other parent has visitation rights. In joint custody, the child lives with both parents, moving between households according to a schedule decided upon by the parents or by the court.
These custody orders can be temporary or more permanent. Just as in a divorce, a judge may issue temporary custody orders at the beginning of the proceedings and may issue more permanent orders once the parties can agree. New orders or modifications of custody orders can be sought at any time by the parents during a legal separation.
Divorce Or Legal Separation: Which Is Right for You?
It can be important to determine whether divorce or legal separation is the right avenue for you. There are reasons for going in one direction or the other.
For example, if family members depend upon medical insurance provided by one of the parent’s employers, it may be desirable to seek legal separation as opposed to a divorce. Legal separation would not end the ability of the other spouse to collect those insurance benefits.
Likewise, sometimes couples are unsure of whether a divorce is the right answer for them. A legal separation ends certain obligations between them and allows a couple time to figure out whether a divorce is the right answer for them. Often, a couple who has spent time hammering out issues during a legal separation are better equipped to handle a divorce should they later choose to file for divorce.
In all cases, you should bring your questions to an experienced Tulsa child custody attorney. They will answer your questions and help you decide what might work best for you and your situation.
Free Consultation With A Tulsa Divorce Lawyer
The divorce process is what you make it — the higher the conflict, the more expensive your case becomes. Hiring a skilled and experienced Tulsa divorce attorney ensures your rights are protected and explains all necessary and unnecessary steps in the process.
Contact an experienced Tulsa divorce lawyer when you need to go through the Oklahoma divorce process.
For a free, confidential consultation, call 918-924-5526 now.
