What is a legal separation in Oklahoma?

What is a legal separation in Oklahoma?

An Oklahoma Legal separation allows spouses to remain married but live separately. Without terminating the marriage, the Oklahoma court divides property and may award alimony and determine child custody during a legal separation action.

What’s the difference between a separation agreement and a divorce?

A legal separation, is a court order that mandates the rights and duties of a couple while they are still married, but living apart; in a divorce, the spouses are no longer married.

How do you know if you are legally separated?

To satisfy the test of being separated, those spouses generally lead separate lives, do not share a bedroom, do not go out in public as a couple, and for all intents and purposes, while they may co-exist under the same roof, there is no intention to live together in a marriage or marriage-like relationship any further.

What’s the benefit of a legal separation?

A legal separation would mean one spouse may still be eligible for health insurance coverage from the other spouse’s job, whereas a divorce would end this coverage. A legal separation also allows you and your spouse to continue filing taxes jointly, which can lead to some tax benefits.

Will a legal separation protect me financially?

Most importantly, a legal separation agreement will protect you from being responsible for any debt your spouse acquires during the period of separation if you live in an equitable distribution state. If you live in a community property state, you don’t get this protection under a legal separation agreement.

How much does separation agreement cost?

If you choose to have a law firm draft the document from scratch, you can expect legal fees to be in the order of $3000-5000 for just one party, if you have a straightforward matter. If you wish to split superannuation or your finances are more complicated than most, you can expect the cost to rise dramatically.

Does my husband have to pay half the mortgage if he leaves?

Even during a separation, both of you are responsible for paying any joint debts such as your mortgage loan. It doesn’t matter if only one of you continues to live in the home. You must still pay your mortgage lender regardless of being separated or filing for divorce.

Should I refinance home before divorce?

Starting the refinance process before the divorce is filed is by far the quickest and easiest path. This is because, when you talk to your mortgage lender about refinancing, they will ask you your marital status.