If spouses never seperate after a divorce is granted, is the divorce still in affect?

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If spouses never seperate after a divorce is granted, is the divorce still in affect?

My wife/ex-wife,and I never lived apart after the final resolution was granted (which I didn’t know about). It was granted 6 months ago. We have been living together and our relationship has been one of a married couple. About 3 weeks ago she was arrested for armed robbery. Of course, she was awarded custody of our kids. So I need to know what my status is and what I need to do to protect my kids and myself.

Asked on March 12, 2012 under Family Law, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

When yosay that she was "awarded custody" what do you mean?  Physical custod or sole custody?  They are different things.  But regardless you need to go back to court and file an emergency petition to obtain sole custody at least temporarily.  The issue of your marriage is not as pressing and since Oklahoma does not recognize common law you are not legally married anymore.  Good luck.


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