Definition of Legal Separation in Oklahoma
Oklahoma allows for no-fault divorce. However, for religious or financial reasons, some couples do not want to end their marriages. Oklahoma courts recognize legal separation as a judicial alteration of the marital bond, in which parties are allowed to live separately, but their marriage contract is still intact.
Other People Are Reading
-
Definition of Legal Separation
-
Oklahoma courts have ruled that a legal separation requires a judicial decree. Specifically, in Simpson v. Williamson, Inc., the court found that a "decree of legal separation directs the parties to live apart and defines the parties' legal rights and obligations in regard to custody, support, property division and/or maintenance." Consequently, to be legally separated, a couple must file a Petition for Separation.
Legal Action for Separation
-
Domestic law in Oklahoma is governed by 43-101 et. seq. There is no 6-month residency requirement to file a Petition for Separation. The action may be filed in the county in which either party is a resident. After the petition is filed, either party may ask the court to issue temporary and permanent orders regarding custody, child support, visitation, spousal maintenance, debt service and property division.
-
Ramifications of Legal Separation
-
Even though the parties are still legally married, a legal separation in Oklahoma has ramifications. For example, if one spouse has dependent coverage on the other spouse's health insurance, a legal separation is a "qualifying event" under COBRA and triggers separate insurance premiums.
-
References
- Photo Credit courthouse with old tyme lamp and flag image by Raxxillion from Fotolia.com
