Legal Question in Family Law in Oklahoma

Seperation Agreements when Two States are Involved

I live in VA and my wife lives in OK. We have lived apart for over four years and all property has been divided. There are no children, outstanding joint debt or contest over anything. I would like to formalize our separation but do not intend to pursue a divorce just yet because I want to extend my health care coverage to my wife until such time that it is no longer feasible. I presume I can complete the required paperwork myself as our situation is quite simple; however, I would like to know if I need to use different forms for VA and OK or if can I use one state form (VA) to cover both of us. Thanks, R/Chris

Asked on 11/14/05, 9:04 pm

2 Answers from Attorneys

John Graves The Law Office of John H. Graves, PLLC

Re: Seperation Agreements when Two States are Involved

Oklahoma does recognize legal seperation and parties can file formal process with the Court stating that they are seperated. As stated regarding Va. law, these documents are typically prepared and filed by attorneys. The manner in which a filing of this type would affect your ability to provide health insurance will depend on your insurer. A document filed in Oklahoma courts to which you are a proper party and to which you have waived jurisdiction will be binding against all parties. If you need further information, feel free to contact me.

Read more
Answered on 11/21/05, 3:02 pm
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Seperation Agreements when Two States are Involved

The Commonwealth of Virginia does not formally recognize the status known as legal separation.

A spouse, however, in contemplation of eventual divorce, may have prepared a document called a Property Settlement Agreement(PSA)which spells out the various agreements which the parties

have come to concerning all material issues involved with the dissolution of their marriage

and the conditions which they agree will govern their respective behaviours in regard to one another up until the time that the divorce is finalized and even thereafter.

The PSA is normally incorporated(but not merged) into the final decree of divorce in order to preserve the continuing nature and viability/enforceability of the contract between the spouses after entry of the decree.

PSA's are normally prepared by lawyers rather than lay persons since even marital situations

subject to dissolution which appear relatively straightforward or even garden-variety may contain hidden pitfalls for the legally unschooled in these matters and which can have later adverse consequences.

Read more
Answered on 11/14/05, 11:55 pm

Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Oklahoma