If you are struggling with your marriage, one option you may want to consider is a legal separation. A legal separation is a temporary measure that may benefit the couple involved in various ways.
Our family lawyers in OKC can assist you with deciding whether a legal separation is the right move for you, and what legal options there are available to explore. At Naidu Law, Family law attorneys, we have extensive experience working with couples who are separating.
UNDERSTANDING LEGAL SEPARATION
A legal separation establishes financial support and child custody during a couple’s separation. You can file for a separation in the county where you or your spouse lives, and there is no residential period. You also do not have to provide “grounds” for your separation. You can simply separate due to irreconcilable differences.
Once the separation has been filed with the court, you can request a separation order and we can assist with each step of the process or with any individual step along the way.
WHAT IS A SEPARATION ORDER?
A separation order temporarily decides financial support arrangements and child custody. A separation order may include:
- Who will have custody of the children
- When and how often visitation will occur
- Who will pay marital debts
- Where each spouse will live
- How other property will be divided
- Whether alimony will be paid and how much
A separation order can’t be issued without a hearing. It is critical for you to have representation during your hearing to ensure your best interests are adequately represented. Our family law attorney in OKC will look out for your interests and ensure you get the support you need and the results you deserve.
SEPARATION VS. DIVORCE
A separation is temporary, and it doesn’t necessarily lead to divorce. If it does, though, a lot of the groundwork is already in place for a divorce settlement.
Unless there are significant changes to one or both spouse’s financial situations, the alimony and child support arrangements are likely to stay the same.
Couples may also separate rather than immediately divorce to maintain insurance coverage. They can also continue to utilize the tax benefits associated with marriage.
Separation is also more flexible solution, affording you to make changes to your separation agreement much more easily than a divorce decree. With a divorce, changes to alimony or child support can only occur with court approval, and only if there has been a significant change in circumstances.
A separation is not required before filing for divorce in Oklahoma. You can file directly for divorce. In the case of divorce, there is a residency requirement, and you can file for an at-fault or no-fault divorce. There is a 90-day waiting period from the date you file for divorce until the divorce is granted if you have minor children. Once you divorce, there is a six-month waiting period until you can remarry in Oklahoma.
WE CAN HELP
Legal separation and divorce can be confusing and exhausting to deal with. Let us help you navigate these waters during what is likely a stressful time in your life. Our caring and experienced family lawyers in OKC have the knowledge and experience to get you the results you deserve.
We’ll fight to ensure your rights are protected and your interests fought for using the full extent of legal remedies available. We can take on your whole case or just help you in one area with our limited scope representation. Contact us today to find out how we can help at 405-792-2400.