Legal Question in Family Law in Oklahoma

Re: legal separation

There is no special legal form required for a separation, although abandonment is one of the named grounds for divorce. If you separated for six months and then one spouse charges the other with actual abandonment, you should be able to argue against that charge quite easily if, during the six months, you were still actively involved in the elements of the marriage (eg, involved with children; contributed to mortgage, utilities, upkeep, etc.).

As far as equity in the home, you shouldn't lose your share of the joint property unless you meet the legal abandonment definition requiring absence for one year "without providing for the maintenance and support of his or her family, or is sentenced to imprisonment either in the county jail or State Penitentiary for the period of one (1) year or more." In this case the other spouse can ask the court for permission to sell joint property.

Still, if your plan is to separate, it can't hurt your, or your spouse's position, to agree in writing to the fact your separation does not include an intent of either party to completely abandon the marriage or the joint property within the marriage.