Oregon is a “flawless” state of divorce. This means that if you apply for separation, if your spouse prefers divorce, he or she can convert the case into dissolution proceedings within two years of the filing date. Oregon allows legal separations (a separation of bed and food) due to irreconcilable differences between spouses that caused a temporary or permanent breakdown of the marriage. 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 an unresolved separation without dissolution is that spouses/life partners are still married after an unresolved separation. Some reasons why people may choose separation over dissolution are that one spouse or partner may be able to stay on the other spouse/partner`s insurance policy, but this may vary depending on the insurance provider. Some parties may have moral objections to dissolution. Sometimes it`s just a problem that none of the parties have lived in Oregon for six months, which is necessary for dissolution cases. It is possible to establish custody, divide property and obtain a maintenance order with legal separation. A separation procedure without the right of dissolution can be “converted” into a dissolution procedure at a later date. While separation can be beneficial in some cases, it`s not for everyone. In situations of violence or domestic violence, it may be healthier to break off relationships with your spouse altogether. Divorce could also be the best way to stay married if there are no financial or legal benefits to staying married, as court proceedings for separation and divorce can be costly.
You could potentially incur more costs in the long run if you had to go through all the legal processes. 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. These may include a trial physical separation (extract), separation of finances during subsequent cohabitation, and the most complete alternative, legal separation. 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, enter into other relationships. 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 apply to the court to allow the defendant to serve by publishing a notice in a newspaper or by mailing it to the courthouse or otherwise for another service. A legal separation in Oregon differs from a divorce in that many separation conditions are considered temporary, much more like a work arrangement until a later change. What cannot be considered temporary, depending on the conditions, are basic ownership, wealth/debt and pension distribution arrangements. The process of legal separation in Oregon is almost identical to that of a marriage dissolution (the technical name for divorce in Oregon). Plans for child custody, child and spousal support, and division of property (assets and debts) can be put in place. 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 a divorce to a legal separation can turn a legal separation proceeding into a divorce. In Oregon, you can easily convert your legal separation into a legal divorce (dissolution of marriage) and thus finalize all the terms of your legal separation within two years of the legal separation by simply submitting a form (and no additional fees apply). If more than two years have passed since your legal separation and you want to change your separation agreement or file for divorce, you will have to go to court again (and pay the filing fee). The separation agreement describes the conditions of custody, maintenance, child support, visiting children, dividing property and dividing debts. The agreement is limited in time and can be rejected or amended.
Unlike divorce, legal separation can be temporary. While the terms of a legal separation may be temporary, there are several terms that can become permanent within the separation, such as the division of real estate, personal property, debts, loans, pension plans, and pension plans. You and your spouse or partner can file for divorce together. This is called co-petition. If you are a co-applicant, you and your spouse must agree to all the terms of the divorce and both must sign the documents before being presented to the court. If the parties wish to convert legal separation into divorce, this can be done on request within two years of the date following the separation. A marriage may be annulled if a party was unable to enter into or consent to a marriage because they were not of legal age or had sufficient understanding, or if the consent of a party to the marriage was obtained through violence or fraud. 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. If you need legal protection for your children, financial support, protection from your spouse`s debts, and property issues, a separation agreement can help. These detailed agreements must be drafted by a lawyer and filed with the district court where one of the parties resides.
They can be very specific and provide security so that you and your spouse can live separate lives for a while. 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. 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 when filing the legal separation. 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. Common reasons for legal separation may also include the following: A divorce legally terminates a marriage or registered life partnership (RDP). In Oregon, divorce is called “dissolution of marriage.” A dissolution of marriage or RDP is initiated when a spouse or partner files an application for dissolution. The spouse or partner presenting the petition is called the petitioner. The other spouse or partner is designated as the defendant. Both parties may submit a joint petition, in which case they are co-applicants. If children are involved, the applicant must also file a certificate of ongoing child support proceedings and existing support orders, as well as a declaration of the Uniform Child Custody and Enforcement Jurisdiction Act (UCCJEA).
The UCCJEA statement must list all ongoing custody or parenting time proceedings and indicate where the children have lived in the last five years. This information can be included in the petition or submitted as a separate document. Other documents may be required in the course of the case when the respondent submits a response. Note: Laws on the dissolution of marriages and/or same-sex partnerships are evolving rapidly and there may be changes in forms and procedures in the near future. If you are looking for information on this area of law, check the website for updates and speak to a lawyer. While separation can serve as a “test” for divorce, you need to carefully weigh the pros and cons of each option. If you know there is no possibility of reconciliation, you may want to file for divorce to avoid prolonging a marriage that you know will never work. Oregon is a “flawless” state of divorce. This means that if you apply for separation, if your spouse prefers divorce, he or she can convert the case into dissolution proceedings within two years of the filing date.
Before we look at the differences, let`s look at the similarities between legal separation and divorce. .