Legal Separation Guidelines in Oklahoma
- A legal separation in Oklahoma lays the groundwork for a divorce.coeur bris?? image by Nath Photos from Fotolia.com
Prior to divorcing, some couples choose to file for a legal separation. A legal separation lays the groundwork for many of the issues that would be addressed in a divorce. The U.S. state of Oklahoma has specific statutes that apply in a legal separation case, and they can potentially become as complicated as a divorce preceding. - Just as residence must be established in the state of Oklahoma to file for a divorce action, it is also mandatory with a legal separation. It is stipulated that the individuals filing be residents of the state for a minimum of 6 months.
- Prior to filling an action in the county court, the petitioner must be a resident of the county for a minimum of 30 days. If, however, the married couple lives apart in two different counties, the case may be filed in either county.
- As in a divorce preceding, Oklahoma state law permits a spouse to file a petition for alimony in a legal separation case. The grounds for requesting alimony in a legal separation case include impotence, adultery, imprisonment, abandonment, fraud, cruelty, incompatibility, neglect, alcoholism and insanity.
The state views legal separation as a precursor to the inevitable and refuses to leave a dependant spouse without the appropriate financial support. The state of Oklahoma assesses the specific assests in the divorce and decides whether the husband or wife is deserving of alimony. The reason for the divorce or the individual at fault is not used to determine if alimony is deserved by either party. - Child support payments can also be addressed during a legal separation. The child support is simply referred to as temporary maintenance.
- During a legal separation, the law continues to view the couple as married. The only way to dissolve the marriage is to convert the separation to an action of divorce.
Residency
County Court
Alimony
Child Support
Still Married
Source...