Legal separation Vs. divorce is a huge question for couples unsure of their future. For couples in Oklmulgee County getting a divorce is a huge decision. Because it will ultimately end your marriage, it is something that you will want to be 100% certain about. A legal separation may be a better fit for your family and couples who don’t know whether legal separation vs. divorce is a better choice. You may ultimately decide to go through with the divorce during your separation, but getting back together will also be possible. Here’s more on legal separation Vs. divorce, including what you could do if you are prepared to take the next step.
What Is A Legal Separation?
Simply living apart from your spouse is not a legal separation in Okmulgee County. The key difference is that for you to be legally separated, you must file a petition with the court that will need to be approved by a judge. You will not need a reason to file for legal separation like you may need when filing for a divorce. In other words, you will not need to show who is at fault for the breakup. Your separation may be approved by the judge based on no-fault grounds, also known as irreconcilable differences.
If you have children, you will need to produce a custody and visitation schedule that will outline where your kids will live and how they will be provided for. Also, unlike a divorce, a legal separation is temporary. This means that you will still be legally married or common law married to your spouse throughout the separation, and if you get back together, you can simply end the separation.
What Is In A Separation Order?
Typically, a separation order, also known as a separation agreement, will list how certain obligations are handled during the separation period. It will mirror some of the issues that will need to be resolved if you decide to get divorced. Child custody, alimony, the division of certain marital property and debts, child support, and any other marital issues may be included in your separation order. If the decision to separate is mutual and you and your spouse agree on the terms, then you will simply need a judge to sign off on it. If you cannot agree on handling your separation, you will have a hearing in front of a judge where you can present evidence and arguments, and the judge will decide for you.
Is A Legal Separation Right For You?
Because legal separations are temporary, you can spend this time away from your spouse, figuring out if you genuinely want to take the next step and get a divorce. Many couples use this time to engage in therapy to work on the issues plaguing their marriage. Another benefit is that during a separation, you may receive the clarity that you need to make the best decision for yourself and your family. Lastly, a legal separation may make things easier if you decide to divorce. This can happen if you have already resolved some issues like custody agreements through your separation order that would otherwise become part of a contentious divorce. Still, because your separation may affect your divorce, consulting with a family law attorney before you separate is recommended to ensure that you are making the best decision for your future.
Can I Change My Mind and Get a Divorce
Its not uncommon for people that file a separation to later change their minds. It goes both ways in that the separated parties get back together or they make the separation permanent. In a case where the marital problems get resolved its simple. You can dismiss the case and go on with your life as a married couple. If on the other hand you find you want to make the separation permanent you can do that too. Its as simple as converting the separation case to a final decree and entering what ever orders for alimony or child support or anything else that apply to your particular case.
Okmulgee Family Lawyer Near You
Legal separation or an annulment might sound like a straightforward process, but it can be complex and overwhelming. Divorce and separation are issues that often necessitate the help of experienced family law attorneys. Hiring a family law attorney can give you peace of mind knowing that you have someone on your side who knows the law, including what you should do about your situation. The attorneys at Kania Law Okmulgee have extensive experience with legal separation, divorce, child custody, child support, and more. For a free consultation, reach out to Kania Law Okmulgee by calling (918) 621-8083 or contacting us online.