Sample Oklahoma Marital Separation
Marital Separation Agreement Oklahoma
Sometimes, all your marriage needs is a clean break from each other and all the little things that are making things harder. That pause button that you badly need comes in the form of a legal separation made into law when you sign the Marital Separation Agreement form. Luckily, legal separation is acceptable in Oklahoma.
Even though physical separation may do the trick, when you have kids, assets, property, and debts between the two of you, the order is necessary. The order is in the form of a Marital Separation Agreement in Oklahoma, and it outlines the obligations of both parties.
Similarities and Differences Between a Marital Separation and a Divorce
Separation agreements and divorces have the same filing requirements. In both cases, the family court will facilitate the resolution of cases on child custody, child visitation, property division, child support, debt allocation, and alimony.
The difference between the two is that you remain married after the separation as the agreement doesn’t dissolve your marriage.
Reasons Why You Would Want to Seek Legal Separation and Not Divorce?
- Couples have different reasons for needing to stay apart but remain legally married. Some of the reasons include:
- Uncertainty – if you aren’t sure about getting a divorce or if you think that you can salvage your marriage, an Oklahoma Marital Separation Agreement is suitable.
- When you just need breathing space – it is not surprising to find couples who just need some breathing room to resolve their differences. In such cases, getting legal separation helps couples figure out things.
- If both parties divorce, but then reconcile and wish to be married, they would have to remarry or vacate the divorce.
- Kids – having minors and staying married for the sole purpose of raising them is the other reason why legal separation may be the preferential choice. Even couples who know that they should divorce stay married because they understand that divorce is very stressful for children too. So, some couples stay separated and divorce only after their kids are old enough to understand the changing family dynamics.
- Religious and personal reasons – legal separation is a great alternative when you have religious or personal reasons against a divorce. This happens when an individual doesn’t plan to remarry or when they have no desire to end their marriage. If this is the case, the legal separation allows these individuals to divide their marital assets and separate, but maintain their marriage vows.
Is Filing for a Divorce Easy Once You Sign the Legal Separation Agreement?
It is easy to modify a Marital Separation Agreement into a divorce if both parties are against reconciliation.
But, there is a caveat for divorce when a couple has kids. If you have minor children, the Oklahoma family law court will impose a ninety (90) day wait period before it finalizes the divorce hearings. In this case, getting a legal separation is the best option as it lets you divide your assets and property while you wait for the divorce to be finalized.
Note that this info only gives the broader view of Marital Separation Agreements in Oklahoma, but it doesn’t give information on the legal aspects of property division. A Marital Separation Agreement may be the most important step you take when going forward with a legal separation in the state of Oklahoma.
Whether you live in Oklahoma City, Tulsa, Norman, Broken Arrow, Lawton, Edmond, Moore, Midwest City, Enid or any other city of Oklahoma, you can use our legal forms easily.