Understanding Legal Separation vs. Divorce in Oklahoma
Hi, I’m Muskogee divorce attorney Justin Mosteller with the Wirth Law Office. Today, we’re going to talk about a common question we receive: What is the difference between a legal separation and a divorce in the state of Oklahoma?
Divorce Process
A divorce involves filing a petition to dissolve a marriage. This ends the marital relationship and may involve decisions regarding children, property, and the division of assets acquired during the marriage.
A legal separation addresses the same issues—division of property, custody, and visitation—but it does not dissolve the marriage. The purpose of legal separation is to provide an option for people who, for religious or other reasons, cannot or choose not to divorce. The process is essentially the same as a divorce, and the same legal standards apply. The court will divide property and make decisions regarding any minor children, but at the end of the proceeding, the parties remain legally married.
Considerations for Legal Separation
If, after a legal separation, one party decides to seek a divorce, a new case must be filed. As I often tell clients, a legal separation is all the work of a divorce without the finality. It is generally not the most attractive option unless there are strong religious or personal reasons preventing a divorce.
In most cases, it is better for both your future and your children if you can fully separate and have no legal ties to the other party once the process is complete. However, if religious beliefs or other factors require a legal separation, it is an option under Oklahoma law, and the process is nearly identical to divorce—the only difference is the outcome.
Get Legal Advice Today
If you have questions about a family matter in Oklahoma, contact Muskogee family law attorney Justin Mosteller at Wirth Law Office at (918) 913-0725. We are here to help and to make law easy.
