SEPARATE MAINTENANCE - Also called Alimony without Divorce

Separate Maintenance is frequently used when:

• A spouse wants to live separate from their marriage partner but is not yet sure if they want a divorce OR
• A spouse is sure they want a divorce but has not been a resident of Oklahoma for 6 months.

In order to file for Separate Maintenance, there is NO MINIMUM residency requirement.  You can file for Separate Maintenance immediately upon moving to Oklahoma.

Separate Maintenance provides almost all the same relief as Divorce.  It provides the same automatic temporary injunction and temporary order that are available if you file for divorce.  It does NOT dissolve the marriage or provide for a spouse to change their name, however it does provide for:

• Custody and Visitation Orders for any children of the marriage
• Property Division
• Alimony
• Attorney Fees
• Restraining Orders or other appropriate protection

It is important to note that if your spouse does not live in Oklahoma, there are several jurisdictional concerns.  It is very important to discuss this with your attorney.

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