Legal separation is a legal process that we generally do not use or recommend. Many, but certainly not all, clients physically separate during the period leading up to the divorce. It`s a hassle-free self-help process. A party simply leaves the family home. It is possible that such a separation could save your marriage. The new perspective gained through physical separation can help you discover what`s wrong with your marriage. Sometimes the party pushing for divorce believes that physical separation will solve their misfortune. This person often finds that the opposite is true. A separation judgment may be rendered if irreconcilable differences between the parties have led to the temporary or indefinite breakdown of the marriage. The main difference between legal separation and divorce is that the spouses are always married after a legal separation. As with a divorce, a judgment on legal separation can determine the child`s custody, parental time and alimony. The judgment can also divide property and debts and establish spousal or partner support.
Court fees, schedules and requirements for mediation and parenting courses are generally the same as for a divorce. None of the information below should be used as formal legal advice. These answers should not be used instead of a personal consultation with a qualified lawyer. If you are considering a legal separation or divorce, please contact our office. We handle divorce and family law cases in Oregon and can schedule a consultation to discuss all your options. The process of legal separation in Oregon is almost identical to that of dissolution of marriage (the technical name for divorce in Oregon). Custody plans, child and spousal support and division of property (assets and debts) may be established. Legal separation is preferable in situations where both parties agree to the separation. Because Oregon is a no-fault divorce state, any party who would prefer divorce to legal separation can convert a legal separation process into divorce. To have a legally enforceable separation in Oregon, a petition must be filed with the local district court. A judgment must then be entered. The separation judgment leaves an otherwise valid marriage in time, but allows the parties to live apart.
The judgment can divide the assets of the parties, determine who owes what debts, establish a parental plan if there are children, and determine spousal and child benefits. Self-help forms for more complex resolutions are also available. In many Oregon counties, family court mediators are available at the courthouse to explain the different types of forms. Moderators are not practicing lawyers and cannot provide legal advice. Many Oregon couples are considering a legal separation rather than a divorce. For some spouses, they may not be able to legally file for divorce because they have not met Oregon`s residency requirement. For other spouses, they may still be trying to save the marriage, or they may not be ready to end it yet. A legal separation in Oregon differs from a divorce in that many separation conditions are considered temporary, much more like a working arrangement until they are changed later. What cannot be considered temporary, according to the terms, are basic real estate, wealth/debt and retirement distribution arrangements. A major disadvantage of legal separation is that the terms of a separation judgment are not fulfilled, as they can occur during a divorce, and persistent legal, financial or personal problems may persist during legal separations. A lawyer can help you determine if legal separation is appropriate in your situation.
If the parties are not co-applicants, the applicant must ensure that a copy of the application and other court documents and information are “served” on the defendant after the application is filed. This means that the defendant receives a copy of the application filed with the court and a subpoena. The respondent may agree to sign an “acceptance of service” indicating that it has received the petition. Otherwise, the sheriff or other adult who meets the legal requirements must provide the defendant with copies of the documents. If the applicant, sheriff or trial server cannot find the defendant, the applicant may ask the court to serve the defendant by publishing an advertisement in a newspaper or by publishing it at the courthouse or other alternative service. The information contained in this article should not be used as a substitute for professional legal advice, which can only be obtained from a family law lawyer. A “legal separation” is a court order that sets enforceable conditions for a couple who remain married but agree not to live together as husband and wife. The separation judgment may include orders on custody and parenting time arrangements for children, family allowances and spousal support, as well as who receives what property and pays which debts. Legal separation is sometimes used when religious beliefs prohibit divorce or when you or your spouse have not lived in Oregon long enough to file for divorce. See question 29 of the Oregon Family Law brochure or the section on divorce on this website.
Legal separation may take place for a limited or unlimited period of time. You cannot marry anyone if you are legally separated and not yet divorced. Legal separation proceedings may be converted into divorce proceedings at a later date. A separation judgment can also be set aside (annulled so that it is no longer in force). There is no waiting period or length of stay for legal separation in Oregon, but at least one of the spouses must be an Oregon resident if the legal separation application is filed. Oregon allows legal separations (a separation of bed and food) due to irreconcilable differences between spouses that led to a temporary or permanent breakdown of the marriage. If a married couple wants to separate but not divorce, they can apply for legal separation, which allows the couple to live a separate life while remaining married. There are several advantages to being legally separated instead of divorcing, including taxes and health insurance. It can also be an alternative if religious beliefs prevent divorce. Some couples prefer to apply for separation without divorce because they hope for reconciliation.
Spouses can enter into a separation agreement to live separately for at least one year or indefinitely. In the event of legal separation, the spouses retain insurance coverage, tax status and other matrimonial benefits and remain legally married. Legal separation serves as an interim solution for couples unable to meet Oregon`s six-month residency requirement for divorce. A marriage may be annulled if a party was unable to enter into or consent to a marriage because he or she was under legal age or did not have sufficient understanding, or if the consent of a party to the marriage was obtained through violence or deception. A marriage annulled on any of these grounds is void at the time of signing the judgment and is treated as if it had never taken place. Legal separation in Oregon establishes a binding agreement between married people on custody, child support and spouses, and division of property. Legal separation must be done either by agreement of the spouses or the court decides that the separation is justified because it “preserves or protects the legal, financial, social or religious interests” of the parties. Surprisingly, many people ask this question. Some couples – although legally separated – want a probationary period to potentially see other people. Other couples may be legally separated for a long period of time and, of course, start other relationships. While the decision to divorce is clear to some people, the complexity of the emotional, financial, and parental needs associated with marriage motivates some spouses to consider other non-divorced options to restructure their marriage.
This may include a trial physical separation (move), separation of finances while the cohabitation continues, and the most complete alternative, legal separation. A contestable marriage exists when a party has not been able to enter into or accept a marriage. .