Should I get a separation or divorce in Wagoner County is a common question we get asked? Many in Oklahoma wonder what is best for them when they find that their relationships with their significant others are damaged beyond repair. The Wagoner Attorneys at Kania Law Office provide you with this overview of some key differences between separation or divorce in Wagoner County.

What’s The Difference Between Divorce And Separation?

If you are married, then you could get divorced or separated. If you are not married, then you cannot get divorced but you can get separated. When you are in the process of getting divorced, it is common to refer to yourself and your spouse as separated. Alternatively, you could get separated but continue your marriage.

Notably, the basis behind seeking a separation could be exactly the same as divorce. Not only that, but just like a divorce, separation could legally entail the courts dividing up property between you and your spouse while also addressing issues of child support and custody. The court could even determine in your separation who gets to possess property temporarily while you figure out your next steps.

However, unlike divorce, you don’t actually have to reside in a particular county in Oklahoma for a specified time period before petitioning the court for a legal separation. Specifically, to get a divorce in Oklahoma, one of you has to live there for at least six months. Not only that, but a 10-day waiting period is imposed if you want to get divorced (90 days if you have minor children).

Divorce Is Final; Separation Is Not

Most importantly, a Divorce Decree is final, whereas a Decree of Legal Separation is not. This means that a Divorce Decree makes property division final and binding on you and your spouse. Unless you both agree, a Divorce Decree cannot be changed, modified or altered. So, if you are considering making something final as to your and your spouse’s division of assets, a Divorce Decree will get the job done.

Effect On Your Children Via Divorce, Separation

You might not be emotionally capable of considering divorce or separation when factoring in the implications of breaking up your family. Particularly, if you have children, then you might cringe at the thought of having to co-parent from separate homes. Children who are the product of divorce may have a difficult time adapting to the breakup of their family unit. However, many people don’t take into account the potential damage that can be caused on children who remain in a home in which their parents are abusive towards each other.

Some couples remain together for the sake of their children. These couples might forego their own feelings for what they think is in the best interests of their children. Although this approach could work, you might instead be causing your children just as much harm – and you might be miserable. it is undeniable that children do best in close, positive families with two parents who love them and each other. However, sometimes keeping the family unit together is just not possible or practical.

Best Interest of The Children

Critically, don’t underestimate the resiliency of your children. Although a divorce or separation might cause your children to experience some setbacks, they should be able to rebound at some point. As long as you are committed to doing what is in the best interests and welfare of your children, then they should become well-functioning adults.

Unfortunately, you might not be able to prevent all of the potential negative effects on your children that come from divorce or separation. But children of parents who show respect and civility towards each other throughout the separation or divorce process will most likely fare better. Maintaining the best interests of your children as your number one priority will best serve the development of your children and will go miles towards a peaceful and amicable separation or divorce, should that be the direction that you take.

Wagoner County Family Law Attorneys

Every case is different, which means that while a separation might be best for you, it might not work for someone else. For this reason, you should consult with an experienced family law attorney who is able to guide you through these tough decisions. The Wagoner Attorneys at Kania Law Office has helped countless clients with family law matters including divorce, child custody, child support and more. Reach out to the experienced family law attorneys at Kania Law Office Wagoner County by calling (918) 283-7394 or by contacting us online today.