Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Oklahoma, legal separation is a recognized legal status that allows married couples to live apart while remaining legally married. The process of legal separation in Oklahoma is supervised by the court, which can issue orders regarding matters such as division of property, child custody, child support, and spousal support. These orders are similar to those that would be issued in a divorce proceeding. To initiate a legal separation, one spouse must file a petition with the court, and the court will then determine the terms of the separation. Oklahoma does not require spouses to be legally separated for any specific period of time before they can file for divorce. However, the terms of the legal separation, such as property division and custody arrangements, can often form the basis of the final divorce decree if the couple decides to proceed with a divorce later on. It is important for individuals considering legal separation in Oklahoma to consult with an attorney to understand their rights and responsibilities during the separation period.