What is the difference between a legal separation and a divorce?

In Oklahoma, a legal separation is a way of formally separating from your spouse while maintaining the legal marriage. This may include separate housing and some other legal arrangements. In a legal separation, the court may order assets and debts to be divided, child support and alimony paid, and visitation rights for both spouses determined. A divorce, on the other hand, is the process of ending a marriage. Unlike a legal separation, a divorce dissolves the legal marriage between two people. Oklahoma is a “no-fault” divorce state, meaning that a court may grant a divorce if one spouse believes that the marriage cannot continue. A divorce will also divide assets and debts, determine child support and alimony payments, and determine custody and visitation rights for both spouses. Both legal separation and divorce offer a way to end a marriage. A legal separation allows the couple to remain legally married and keep shared rights such as insurance benefits, while a divorce creates a legally binding separation. Ultimately, the couple must decide if they wish to reconcile or legally end their marriage.

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