Common Misconceptions About Legal Separation

Oct 13, 2015
by The Atkins & Markoff Team

Common Misconceptions About Legal Separation

Divorce and legal separation are both complicated and emotionally-challenging life events that most people don’t like to think about. If you and your spouse are having troubles and considering dissolving your marriage, it may be in your best interest to consider a legal separation first. It should be noted that a legal separation and divorce are fundamentally the same thing, except your marriage will remain intact if you file for a legal separation. In most cases, filing for a legal separation in Oklahoma has the same requirements as filing for a divorce. As knowledgeable legal separation attorneys, we are prepared to sit down with you and your spouse to determine what the best route is for you both. If children are involved, it is particularly important to take your time and make sure you know what all your options are before moving forward. We understand that relationships change and people grow apart, sometimes resulting in the desire for a divorce or separation. If you would like to learn more about your options as they pertain to divorce or legal separation, please do not hesitate to contact our Oklahoma divorce attorneys today.

Let’s take a look at a few of the most common misconceptions about legal separation in Oklahoma:

  • Legal separation is both faster and cheaper than a divorce. Many people decided that a legal separation is the better option because they think it will happen quicker than a divorce. However, granting a legal separation in Oklahoma courts will likely take just as long as a divorce, as many of the same documents are required.
  • Parties can legally remarry after a separation has been granted. This is one of the main ways in which a legal separation differs from divorce. As mentioned, most of the same documents will need to be filed as with a divorce, except at the end of the legal separation process the parties cannot legally remarry. This is why it is imperative that you are absolutely sure this is the right decision before moving forward.
  • Simply moving out means that you are legally separated. This is one of the biggest myths about legal separation. Many people do not understand that moving out does not change their marital status. In order to be granted a legal separation, you must file through an Oklahoma legal separation attorney and go through most of the same steps as you would with a divorce.
  • You are no longer married if you are legally separated. Many people do not realize this, but legal separations end with you still being officially married. Even though all of your assets will have been divided up, you are still legally married.
  • You can get remarried when legally separated. Unfortunately, this is not the case. If you are legally separated from your spouse and meet that special person that you think is the ‘one’, you cannot marry them.

In many cases, people who first file for a legal separation eventually decide that they want a full divorce, which will simply require a little more paperwork. To learn more about legal separation and to find out if it is the right move for you, please contact an attorney from Atkins & Markoff today.