Spouses can enter into a separation agreement to live apart for at least one year or indefinitely. In the event of legal separation, the spouses retain insurance coverage, tax status and other marital benefits and remain legally married. A legal separation serves as an interim solution for couples who cannot meet Oregon`s six-month residency requirement for divorce. 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. To have a legally enforceable separation in Oregon, an application must be filed with the local district court. Then a judgment must be registered. The separation decree leaves an otherwise valid marriage intact, but allows the parties to live separately. The judgment may divide the property of the parties, determine who owes what debts, establish a parenting plan if there are children, and determine spousal and child benefits.
We find that distance rarely solves marital problems because you have to be together to solve problems. In addition, 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, which has the power to divide assets and debts and deal with all matters relating to children. At the end of the process, however, the parties will continue to be married. Legally separated parties cannot remarry until they are divorced. Legal separation may be temporary or indefinite. You cannot marry another person if you are legally separated and not yet divorced. Legal separation proceedings may be converted into divorce proceedings at a later stage. A decision to separate from bed and board may also be annulled (annulled so that it is no longer final). The main difference is that you are still married after a legal separation, so you cannot marry another. 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. A declaration of nullity is a declaration of nullity of marriage or registered partnership. If you receive a cancellation decree, 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 void or objectionable. 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: Many Oregon couples are considering legal separation versus 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.
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. 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 in together again 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. This is possible, if your separation agreement is detailed and legally enforceable. However, it is important to note that a separation does not change your underlying status or obligations to debt already acquired. This means that if you and your spouse have a home loan together, you will eventually both have to pay that home loan. A separation agreement may require only one spouse to pay it, but if the spouse who is asked to pay does not, the mortgage lender still has the ability to enforce the debt against both spouses. Because of the separation agreement, the spouse who was obligated to pay may be looked down upon, owes attorney fees, and faces other penalties, but the legal separation agreement does not completely end a debtor`s obligation to pay a debt. For this reason, a detailed and legally enforceable separation agreement should not simply be scribbled on a notebook or randomly uploaded to the internet.
If a 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.