Divorce is a life decision that has consequences in almost all areas of life. If you want to divorce, then you are confronted with a wealth of questions. What is the process of divorce? What about the maintenance obligations, how is the household effects and common assets distributed? What about the supply balance? If children have arisen from the marriage, it must be clarified how it looks with their child support, how the child’s behavior should be regulated in the future. Where, with which of the spouses should the children have their home in the future? What are the costs of divorce? On all these questions, the law provides in divorce and family law and in the Civil Code. Here it is also clearly stated that a marriage must first be regarded as failed in order to be divorced.
The year of separation: the basic condition for a divorce
The law explicitly stipulates in section of the Civil Code that the spouses have to go through a one-year separation period before the marriage is finally divorced. The separation period is a fundamental basis for legally terminating a marriage relationship. The meaning of this legislation is clear. The spouses should be given a possibility by the year of separation to find a solution for the existing problems in order to be able to find each other again under certain circumstances. If one of the spouses does not agree with the divorce, the family court will declare the marriage failed after at least three years of separation. If you want to save the petition fees by the lawyer and to perform the self-defending court proceedings, Oklahoma divorce forms for filing a divorce without a lawyer is the best suggestion for you.
The legislator demands during the separation period a very clear separation of table and bed as well as a domestic and economic separation of the two habitats. This means that there can no longer be a shared account, the payment of the rent must demonstrably be made separately. The partners have to cook for themselves, clean, wash and of course buy. Similarly, the use of a common marriage bed is prohibited, even if the parties only sleep next to each other and no marriage takes place. Under certain circumstances, a timetable should be set up to clarify the separation. There may no longer be common areas, but this does not apply to the living room. There can no longer be any significant relationships with the other party.
Conclusion: When does the year of separation begin?
The year of separation depends entirely on the spouses. However, it is advisable to record the time in writing. There is no legal compulsion and no possibility to somehow apply for the year of separation in court or to have the beginning of the year of separation documented. The burden of proof for the completion of the separation period is left to the applicant. This should reinsure itself in some form such as by the Separation request in front of witness’s expresses, the corresponding letter sent by messenger, it sent by recorded fax or registered mail.