A surprising number of people ask themselves this question. Some couples – although legally separated – want a probationary period to potentially see other people. Other couples can be legally separated for a long time and, of course, start other relationships. After learning that the process and cost of legal separation in Oregon is the same as for divorce and evaluating the real financial benefits of a legal marriage, many of my clients have made the decision to divorce over the years that have considered legal separation. In the words of one client struggling with this decision, “We can always work on our relationship, go on dates and go to counselling, or even move back in together when we`re no longer married.” By clarifying the similarities and differences between legal separation and divorce, I hope you can better choose the path that`s right for you. It is very easy to turn a separation into a divorce. A few years after the legal separation agreement comes into effect, either party can convert the separation into a divorce by filing divorce documents. A divorce legally ends a marriage or registered civil partnership (RPP). In Oregon, divorce is called “dissolution of marriage.” The dissolution of marriage or RDP is initiated when a spouse or partner files an application for dissolution. The spouse or partner submitting the petition is called the petitioner.

The other spouse or partner is called the respondent. Both parties may submit a joint application, in which case they are co-applicants. If children are involved, the applicant must also file a certificate of current support procedure and existing support orders, as well as a statement of the Uniform Child Custody Jurisdiction and Enforcement Act (UCCJEA). The UCCJEA statement must list any ongoing custody or parental leave proceedings and indicate where the children have lived in the past five years. This information may be included in the petition or submitted in a separate document. Other documents may be required during the proceedings if the defendant files a response. Note: Laws governing the dissolution of same-sex marriages and/or partnerships are evolving rapidly and changes may be made to forms and procedures in the near future. If you`re looking for information on this area of law, check the site for updates and talk to a lawyer. The reasons why people may prefer legal separation to divorce are related to the main difference.

They are still legally married. The main reasons are that when spouses have children, the paperwork they have to deal with can double. When applying for dissolution of marriage with children, couples are usually required to complete and file the following divorce papers: 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 they are still married. There are several benefits to being legally separated rather than divorced, including taxes and health insurance coverage. It can also be an alternative if religious beliefs prevent divorce. Some couples prefer to apply for legal separation as a divorce because they are hoping for reconciliation. An annullable marriage occurs when one of the parties has been unable to contract or accept a marriage. This may be because he was not of age, did not have sufficient understanding, or the consent of either party to the marriage was obtained through violence or fraud. For a marriage separation agreement to take effect in Oregon, you must specify the duration of the separation.

Your separation can be unlimited until the court decides to change it, or you can set a specific schedule for the separation. To be clear, most people have three-year separation agreements. A “legal separation” is a court order that sets enforceable terms for a couple who remain married but agree not to live together as husband and wife. The separation order may contain custody and parenting time orders for children, child benefits and spousal support, and who gets what property and debts pay. 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 in the Family Law in Oregon brochure or the section on divorce on this website. Legal separation costs about as much as divorce. In the first two years, it can be converted into a divorce by both people.

After two years, you can still divorce, but this will be a separate case. Many couples in Oregon consider legal separation rather than divorce. For some spouses, they may not be able to legally file for divorce because they did not meet the Oregon residency requirement. For other spouses, they may still be trying to save the marriage, or they may not yet be ready to end it. Self-help forms for more complex resolutions are also available. In many Oregon counties, family court directors are available at the courthouse to explain the different types of forms.