Difference between Legal Separation and Divorce Oregon

If you want to know more about the difference between separation and divorce, a competent lawyer can help. Salem-based Litowich Law can discuss your options and help you understand whether a divorce or separation is the best decision for your situation. We invite you to contact us for a consultation. If the parties wish to convert legal separation into divorce, this can be done within two years of the date following the separation upon request. 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 contestable marriage occurs when a party has not been able to enter into or accept a marriage. This may be due to the fact that he was not of legal age, did not have sufficient understanding, or that a party`s consent to marry was obtained through violence or fraud. 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. Contact one of our Divorce and Family Law Attorneys in Oregon today for advice on the issue of legal separation. An annulment is the annulment of the marriage or registered civil partnership.

If you receive a verdict of annulment, your marital status will become “single” again and it will be as if you had never been legally married. You can only annul your marriage if your marriage is considered null and void or questionable. 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. The separation agreement describes the conditions of custody, maintenance, family allowances, child visits, asset sharing and debt sharing. 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. Divorce is final and legally ends your marriage forever. However, there are many factors that can be carefully considered if you want to live apart from your spouse while remaining married for personal, practical, financial or religious reasons. 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. Legal separation has some flexibility and can be structured according to the needs of your situation. Unlike divorce, legal separation can be temporary and issued for a limited period of time. Once the specified separation period has expired, you can decide if you want to proceed with a divorce. If you and your spouse cannot agree on the terms of the separation agreement, you may want to consider participating in mediation. Otherwise, the judge will evaluate the evidence and testimony in your case and determine the outcome based on your specific case. If you plan to remarry in the near future, it`s important to keep in mind that a separation won`t end your current marriage. To marry someone else, you still have to divorce. The main difference is that after an unmarried separation, you are still married, so you cannot marry another person. In addition, you still have the right to “automatically” inherit your spouse`s property if you are legally separated.

If you are divorced, you lose this right. 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. Legal separation allows spouses to live separately during the period in which they are married. It`s similar to divorce in that the court can make a judgment that divides your property and assets, assigns responsibility for debts, determines custody, and determines support payments. However, it is important to be aware that a separation does not end your marriage. In addition, court fees, time and mediation requirements are generally the same as in the case of a divorce. In Oregon, you can convert your legal separation to a legal divorce (dissolution of marriage) within two years of legal separation, making all the terms of your legal separation final 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 legal separation agreement or file for divorce, you will have to go to court again (and pay the filing fee). Oregon is a “flawless” state of divorce. This means that a spouse or partner seeking divorce does not have to prove that the other spouse or partner did something wrong.

The only necessary reason for the dissolution of the marriage is that the spouses or partners cannot get along and there is no way to solve the problems. The law calls this “irreconcilable differences that caused the irreparable breakdown of the marriage.” One of the spouses or partners does not need the permission or participation of the other spouse or partner to divorce. The petition includes the names of the parties, the names and dates of birth of the minor children, the date of marriage and separation, as well as a declaration of the conditions of residence. It specifies the facilitation requested by the applicant, which may include custody of the children, family allowances, division of property and debts, rights to matrimonial property and everything desired at the time of separation. A subpoena served on the spouse informs him of the prosecution. The papers are deposited in the district where one of the spouses lives. We find that distance rarely solves marital problems because you have to be together to solve problems. Moreover, it often creates problems later for the party that has moved. In the event that a client really wants to be legally separated, the process is similar to a divorce.

An application is filed with the court, and the court has the power to divide assets and debts and deal with any matters related to children. However, at the end of the process, the parties will still be married. Legally separated parties cannot remarry until they have divorced. 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). 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 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.