Legal Separation Defined in Oklahoma
In Oklahoma, legal separation involves a filing in district court which allows the parties to attempt to work out their differences while living apart and suspending the legal effects of the marriage. For many people, legal separation is a very temporary solution to a very difficult problem. For other people, it is a longer-term solution. In practical terms, most legal separations will eventually turn into a divorce.
In Oklahoma, divorce refers to the end of the marital relationship between the parties when all of their financial issues are resolved , their children are raised and all of the legal matters relating to their parting are judicially resolved by the court. A legal separation generally does not involve dissolution of the marriage but only a temporary court order of financial and/or child support ramifications until the parties have a chance to agree on a final settlement and thereby obtain a final divorce from their marriage. Most people view a legal separation as a last attempt at reconciliation or an economic necessity because they cannot afford to divorce at the time. They may also not want to go through the long and expensive process of divorce immediately.
In most circumstances, when individuals are granted legal separation, they will eventually seek a divorce unless there are compelling reasons for stay married. If you seek a legal separation instead of a divorce and your spouse does not agree with your request, you will not be able to achieve this result. If your spouse does agree, you will be required to agree on all the same things that would be necessary for a divorce. Therefore, in most circumstances, the cost, the time, and the procedural requirements for a legal separation are similar to that of a divorce.
Am I Eligible for Legal Separation in Oklahoma?
Regarding eligibility requirements for separation in Oklahoma, the law states that any couple residing in Oklahoma may petition for a legal separation in this state so long as at least one of the parties is able to prove sufficient jurisdiction to do so, which falls under the purview of the Oklahoma Divorce Law. At least 30 days must have elapsed between the filing and the hearing to be granted the right to legal separation. If a child is involved, separation hearings shall not be had until the child has been in OK for at least six months, unless there is evidence of extreme physical or emotional harm occurring to that child in the custody of the non-custodial parent, and then there may be no six month waiting period before the hearings are had. For legal purposes, the state of residency of the child is where he or she lived with either parent for at least six consecutive months prior to the commencement of proceedings whether or not there has been a change of that child’s residence, provided that the person presently residing in Oklahoma files for separation within less than six months from the time that he or she last resided with the child.
Obtaining Free Legal Separation Forms in Oklahoma
The first stop on this journey is to the Oklahoma State Courts Network. Their self-help center will guide you to both the forms you need as well as further guidance on filling them out and filing them properly. The Oklahoma Bar Association has put together a different site filled with resources to help you with Oklahoma family law, including legal separation, legal name changes, adoption, divorce, guardianship, child custody, and child support. The site even features a section to assist with military personnel issues.
The state of Oklahoma also has several charities and organizations that can help with connecting residents with free legal separation forms. If you are a veteran, local veterans group offices may offer help with your case. Alternatively, you can visit the Department of Veterans Affairs’ National Resource Directory to find free legal separation forms and information in your area. They can connect you with a National Guard or Reserve State Family Program Office.
Legal Aid Services of Oklahoma may be able to help as well. This non-profit provides free legal assistance to people who need it the most. Residents of Oklahoma can contact Legal Aid by calling 800-522-47 or filling out an online request form.
Another resource that may help you and your family find free legal separation forms is the Cherokee Nation Domestic Violence Shelter. If you live within the Cherokee Nation in northeastern Oklahoma, you may be able to receive assistance through this domestic violence shelter.
The Oklahoma City Bar Association (OCBA) also offers free legal separation forms for residents of the state. Form creation and document review are the only options currently available through the OCBA’s free legal project, but these services can save you time and money.
Guide for Filling Out Separation Forms
After you have chosen the correct legal separation forms for your situation, it is time to complete them. Here’s how to do it:
- Read the instructions that accompany the separation forms. If there are any obvious mistakes in your pleadings, this will help you to correct them before you truly embarrass yourself by submitting inaccurate pleadings to the court.
- Read through the entire legal separation form to make sure you don’t leave any "unknown" blanks – this is where a lot of mistakes occur.
- Fill out all of the necessary portions of the separation forms, to the best of your knowledge. You don’t have to spend thousands of dollars on an attorney (or attorneys) to have a legal separation: however, it helps to have an attorney help you fill out the pleadings if you have serious questions about your rights. At the very least, you should take your forms to the local courthouse, and have the clerk review them for you.
- After reviewing your pleadings, it is a good idea to ask your attorney to review them as well. He or she has significant experience in the family law courts, and can tell you if you have everything you need.
- File the forms with the court (you will have to pay a filing fee), and make sure to show up for all court hearings.
Many people are confused about the difference between a "dissolution" of a marriage and a "separation." A dissolution, or divorce, is the process by which a marriage is legally severed, whereas a separation simply means that the couple is no longer living together as husband and wife. They may be living apart temporarily, for whatever reason – perhaps to give both parties space, or perhaps because they are unsure whether to get a divorce. Regardless, a separation is an attempt to live independently for a while.
Submitting Your Forms for Legal Separation in Oklahoma
After you have completed a set of legal separation forms in Oklahoma, the next step is filing your completed legal separation forms with the court. In all cases, this means filing the legal separation forms with the County Clerk’s office in the county where one or both spouses reside. The County Clerk is the chief administrative officer of the Circuit Court – the District Court – of that county.
If you have filed prior divorce case on your own and had an order appointing a trial judge, then you may file your legal separation papers with the Judge’s Division of the District Court – in the Oaklahoma Court Clerk’s office – where your previous divorce papers were filed. Otherwise , you must file your forms with the County Clerk. In either case, you will pay a filing fee when you file your legal separation forms. Oklahoma law allows you to ask the Court Clerk’s office in your county of residence for a fee waiver [ask the court clerk for the courts specific fee waiver form]. Most court clerks – and trial judges – will waive the fee only if you receive government assistance, and that assistance covers the cost of the fee application. If you receive government assistance for other reasons, you may not be considered indigent under Oklahoma law. The filing fee is usually around $200, but could be more or less in your county. Ask the County Clerk what the filing fee is for legal separation.
Using Legal Aid for Legal Separation
In Oklahoma, several organizations seek to put legal representation in reach, of as many as possible. In fact, most of these groups leverage pro bono attorneys or require clients to fill out paperwork in order to prove that they qualify. Although access to free legal separation forms is one thing, it takes a lot more than filling in a few blanks on a PDF document to be prepared for a divorce case.
Oklahoma Legal Aid Services and Other Nonprofits Available in all 77 counties, OKLA spend 14% of total statewide spending on families. Commonly cited issues include low-income families with children, domestic violence and protection from domestic violence, the elderly, and other financially disadvantaged families.
Most Oklahomans get legal aid services through OKLA Connect, which gives referrals to the organization providing that assistance in their county. An Oklahoma City nonprofit, Legal Aid Services of Oklahoma provides legal help statewide.
Oklahoma Lawyers For Children (OLFC) utilizes pro bono attorneys, who work with low-income families to complete pleadings and other documents.
Legal aid services are not free legal representation. They consist of help completing paperwork and preparing documentation.
Where to Find Legal Aid in Oklahoma OKLA provides a toll-free hotline at 1-888-828-8911, which can be reached Monday through Thursday from 9AM to 7PM. OKLA Client Services: 1-800-348-6489, can be reached Monday through Friday between 10AM and 4PM.
Oklahoma Lawyers For Children: 405-848-1112.
Legal Aid Services of Oklahoma: Visit the website here and click "Get Help" for application or call 1-888-534-5243.
For legal advice services, as with many pro bono programs, prospective clients must follow the application process. There are two ways to apply online. Use the OKConnect service for legal assistance in an emergency, like domestic violence, or fill out an online application for other matters. There is also a phone application at 1-888-534-5243.
The Eligibility Requirements Eligibility requirements are different for each. They may require you to be employed and earning less than the federal poverty level. They may also ask for proof of citizenship or lawful residency.
There are programs available in Oklahoma for free legal separation forms, but getting those free forms doesn’t necessarily mean that you’ll get free legal representation.
Commonly Asked Questions About Legal Separation
1. Can I go to court without a lawyer?
You can go to court without a lawyer by representing yourself. However, the laws governing legal separation are complicated, and it’s to your advantage to have someone on your side who is familiar with the laws and procedures.
2. What happens if I decide to get a divorce after I’ve already filed for a legal separation?
You and your spouse do not waive any of your legal rights just because you’ve filed for legal separation. Therefore, everything that will be applicable in a divorce case will still apply if you pursue a legal separation. That means an equitable division of marital assets, child custody orders and financial responsibilities for child support, for instance, will all come into play whether you file for a legal separation or a divorce .
3. How long does legal separation take in Oklahoma?
Since legal separation is similar to divorce proceedings, a legal separation is likely to take six to twelve months to finalize. If you have children, that number could increase to two years or more.
4. Can you date during a legal separation?
You can date during a legal separation, but doing so can complicate matters when determining child custody or legal separation terms. Simply put, the more mess you make of the separation, the more you’re likely to spend sorting things out later in court.
5. Do I have to go to court to get a legal separation?