If you`re not sure if it`s in your best interest to end your marriage, it`s worth considering the benefits of legal separation. What happens if the spouses cannot agree on these issues? It is always possible to apply for legal separation if only one of the spouses prepares and submits the legal separation agreement. However, as with a divorce in Oklahoma, the judge will hear arguments from either side of each issue before making a decision. If the spouses cannot agree, the issues are taken to court, making the process longer and more expensive when lawyers are involved. Whether you live in Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid or any other Oklahoma city, you can easily use our legal forms. It may be important to determine if divorce or legal separation is the right path for you. There are reasons to go one way or the other. Legal separation has the greatest impact on custody divorce issues, as the best interests of the children are at the heart of both decisions. The court must assess the best interests of the children in a contentious separation proceeding, taking into account all factors, including each parent`s relationship to the child, the child`s needs, each parent`s ability to meet those needs, the child`s adjustment to school and the community, and the child`s relationship with siblings and extended family. The same questions and supporting evidence are relevant to custody in a divorce. If the children are doing well during a period of separation, a court will likely maintain the same custody agreement in the event of a divorce.

Legal separation does not end a marriage, but provides a legal framework for the separation of financial and other legal obligations and obligations between the parties. This allows the parties to live separately and requires some separation of assets and financial obligations. This also includes determining issues such as custody and access, child support, and spousal support. An amicable agreement on the terms of separation means faster resolution, less stress and fewer disputes. If both spouses sign and notarize the legal separation agreement, the court asks the clerk to include it in the court records. A joint separation agreement that seems fair and reasonable is usually quickly approved by the judge, and the court clerk will make a legal separation order. The spouses will negotiate various conditions regarding custody, child support, maintenance and division of property during a legal separation. Ultimately, many people discover that a separation proceeding can easily serve as a precursor to a future divorce, allowing the couple to sort out these details before properly entering the divorce process. As a result, this path can significantly reduce the time it takes for a divorce. However, legal separation offers several benefits that anyone considering ending their marriage should be aware of. But there is a caveat to divorce if a couple has children. If you have minor children, the Oklahoma Family Court will impose a ninety (90) day waiting period before concluding divorce hearings.

In this case, a legal separation is the best option, as you can divide your property while waiting for the divorce to be finalized. Like all but a handful of states, Oklahoma offers a legal procedure for the legal separation of married couples. Understanding the legal separation process can help you decide if it might be right for you. If you are considering a legal separation, you will need professional legal advice from an experienced Tulsa family lawyer for men. The process of obtaining legal separation in Oklahoma is similar to the divorce process. You must first file an application, and if you and your spouse cannot agree on amicable terms regarding the division of matrimonial property and custody arrangements, the court will provide you with its agreements based on its great discretion in this matter. Divorce and legal separation in Oklahoma bring big changes to the family. It is a time of great upheaval. When children are involved, it can bring even more stress to parents and children. Therefore, it can be helpful to get answers to your questions before the process begins. Ask your questions about custody to an experienced divorce attorney in Tulsa during a legal separation. However, it is also possible and sometimes more advantageous to apply for legal separation in Oklahoma.

This is a legal status overseen by a court, and the procedure is more like a divorce. Issues such as custody, child support, spousal support and division of property are submitted to the court, with each party presenting their case. Once a legal separation is granted, the couple is effectively divorced, but there is one big difference: they are still technically married. This means that although they live apart and have separate finances, none of them are legally free to marry someone else. Oklahoma law states that a judge can decide custody issues not only in divorce proceedings, but also during separation proceedings. Oklahoma law states that in the event of a legal separation, a judge may initiate any civil custody proceedings necessary to have minor children from the marriage. The court may award custody of the child to one or both parties in accordance with the best interests of the child. Okla. Stat. tit. 43 § 109.1 Such custody orders may be temporary or more permanent.

Just like a divorce, a judge can make interim custody orders early in the proceedings and issue more permanent orders once the parties can reach an agreement. New orders or changes to custody orders can be requested by parents at any time during the legal separation. The most common type of separation in Oklahoma and most states is the informal type. A couple may argue and decide to break up or simply decide that they don`t want to live together anymore. You move. That`s all it takes for an informal separation, which usually happens when a couple is considering divorce. When it comes to minor children, the issue is more complicated, as arrangements must be made for financial support, custody and visits. If you`re not sure if legal separation is right for you, one of the best things you can do is consult with an experienced divorce attorney as soon as possible to discuss your concerns. A good lawyer can help you understand what to expect from the legal separation process and what unique advantages and disadvantages a legal separation can represent for your specific situation.

And there`s not much difference between legal separation or a separate alimony claim and a divorce application. Both cases deal with all the issues of custody, access, child support, property, division of debts, legal fees, all of those things, spousal support, everything else. The only difference is that at the end of the divorce proceedings, the marriage is dissolved.