Legal Separation vs. Divorce: Which Option Is Best for Me?

In Oklahoma, legal separation is an option for couples who want to live apart but don’t want to officially divorce. A couple’s decision to seek a legal separation instead of divorce could stem from religious or financial considerations. Legal separation allows you to live separately and have legal rights regarding things like property division, spousal support, child custody, and child support—without dissolving the marriage. If you’re considering legal separation rather than divorce, here’s what you should know:

Understand the Difference Between Legal Separation and Divorce

• Legal Separation: You remain legally married but live separately. You can still make decisions about property, finances, child custody, and support, but you don’t legally dissolve the marriage.
• Divorce: This legally ends the marriage and involves a complete division of assets, debts, child custody, and other marital matters.

In Oklahoma, legal separation doesn’t automatically lead to divorce, but it can be a step toward it if the separation doesn’t work out.

Filing for Legal Separation in Oklahoma

• Petition for Legal Separation: To initiate legal separation, you need to file a petition in the district court. The process is similar to filing for divorce but with a few differences (since you’re not asking for the marriage to be dissolved).
• Grounds for Separation: You don’t need to prove fault for the separation. The most common grounds are irreconcilable differences (the same as divorce).

What Happens During the Legal Separation Process?

• Temporary Orders: The court may issue temporary orders regarding child custody, visitation, child support, spousal support, and property division while the legal separation is pending.
• Property and Debt Division: Even in a legal separation, the court can divide marital assets and debts.
• Child Custody and Support: The court will also determine child custody, visitation schedules, and child support obligations.

Consider the Impact on Financials

• Health Insurance: If one spouse is on the other’s health insurance, legal separation may allow the non-working spouse to stay covered. However, if you divorce, that may no longer be possible.
• Taxes: The IRS treats legally separated spouses as still married for tax purposes unless a final divorce is granted. This might affect your tax filing status.

Spousal Support (Alimony)

• Support Orders: If you’re requesting alimony, you can ask for it as part of the legal separation proceedings, just like in a divorce. The court will consider factors like the length of the marriage, the spouse’s financial needs, and ability to pay.

Child Custody and Support

• The best interests of the child are the primary concern in determining custody and support. Parents can work out an agreement, or the court will make decisions about custody, visitation, and support.

Duration of Legal Separation

• There is no set time limit for how long you can be legally separated in Oklahoma. However, either party can request a divorce after the separation period.

Can You Convert a Legal Separation to a Divorce Later?

Yes, in Oklahoma, a legal separation can be converted to a divorce at any time, but you need to file a petition to dissolve the marriage.

Communication and Co-Parenting

If children are involved, separation can provide a structured arrangement for co-parenting. It’s important to communicate and prioritize the children’s needs to ensure their stability during the transition.

Key Considerations:

• Emotionally: Separation can allow you to take time and think through whether divorce is necessary or if reconciliation is possible.
• Legally: You get the same protections (child support, custody, spousal support) as you would in a divorce without fully dissolving the marriage.

If you’re in Oklahoma and are considering legal separation, it’s important to weigh the emotional and financial consequences. The process offers an opportunity to live apart, protect your legal rights, and perhaps eventually seek reconciliation or move toward divorce later on. Consulting with a lawyer is always a good idea to navigate this complex decision.