Marital Domestic Separation and Property Settlement Agreement Minor Children Parties May have Joint Property or Debts effective Immediately - Oklahoma 2025

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During a legal separation, spouses remain legally married, meaning they cannot marry someone else, but they live apart under the terms outlined in their separation agreement.
There is no requirement to be separated before divorcing in Oklahoma. However, there is a waiting period after submitting divorce papers. If you have children, a hearing is scheduled for 90 or more days after you file the documents. The waiting period is only 10 days for couples without children.
In Oklahoma, you must be separated for at least 90 days (if there are children) or 10 days (if there are no children) before a divorce can be granted.
Under Oklahomas equitable distribution laws, courts divide assets as equally as possible based on spouses financial needs. Judges may consider child support or other payments a spouse receives or pays as part of the property settlement.
The Oklahoma Supreme Court has stated that marital property or debt is any property that has accumulated as a result of the joint-industry of a husband and wife. Ultimately, any asset or debt that has been acquired after two people marry is considered part of the marital estate.
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A settlement agreement differs from a separation agreement as it sets the terms for the divorce, not the separation. A settlement agreement should address all central issues of the divorce. This can include things like division of marital assets and debts, child custody, and child support, as well as spousal support.
To file for divorce in Oklahoma, you will need divorce forms such as the Petition for Dissolution of Marriage, Entry of Appearance and Waiver of Service, UCCJEA AFFIDAVIT, Decree of Dissolution of Marriage, Custody Plan, Visitation Schedule, Child Support Computation, and Qualified Domestic Relations Order.

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