Legal Separation in Oregon
A legal separation is similar to a divorce. It's just as complicated, takes as long, and requires as much paperwork. But, it's a good option for:
- Couples who know their marriage is over but don't believe in getting a divorce for religious, cultural, or other reasons.
- Couples who need time apart and a legal document that spells out what will happen to their kids, property, and debts during that time.
However, a legal separation does not end your marriage. It can also have serious legal consequences, so you should talk to a divorce attorney before filing.
Legal separation vs. informal separation
An informal separation means you and your spouse decide to live apart to see if you want to stay married or get a divorce. You don't have to fill out any forms or go to court for this. Informal separation is a good choice if you're unsure you want a divorce.
A legal separation is a formal court process. It involves filing paperwork, serving the other side, waiting for them to respond, and many other steps.
Should I get a legal separation or a divorce?
This is a personal decision. People may choose to get a legal separation instead of a divorce because they are opposed to divorce for religious, moral, cultural, or other reasons.
But remember, a legal separation is not a divorce. After going through a legal separation case:
- You are still married and cannot marry someone else.
- You must file taxes as a married person.
What if one spouse wants a legal separation, but the other wants a divorce?
The court will give the divorce if either spouse asks for it.
Where can I find the paperwork to start a legal separation case?
You can get free court forms from Oregon's state court website. You can also get copies of these same forms at your local circuit court, but some counties charge a small copy fee for these forms.
More Frequently Asked Questions
You can file for legal separation if you or your spouse live in Oregon.
You are legally separated when a judge signs a separation judgment. A judgment is a court document that ends a case. It includes the rules for your legal separation. For example, the rules may include a visitation schedule for your kids or tell one parent to pay the other parent child support.
It depends. A legal separation can be permanent or for a set amount of time. You can tell the court how long you want the separation to last in your court papers.
No. You are still married, even if you have a court judgment for legal separation. You cannot marry anyone else unless you get a divorce.
If either spouse wants a divorce, they have two years from the date of the separation judgment to ask the court to change the separation into a divorce. Ask your local court if they have forms for this. There are no statewide court forms available. If it has been more than two years, you should get legal help to understand your options.
Yes, but it's complicated. You should get legal help. You can find legal help using the Referral Database.