Legal Separation in Oregon
If your marriage is in a tough place, you may be thinking about legal separation. Many people consider a legal separation when they aren't sure they're ready for divorce.
What is a legal separation?
A legal separation is similar to a divorce. It's a court process you can use if you need formal rules for your separation, like:
- Where your kids will live.
- How you'll split up property and debts.
- How you'll split household expenses.
- Whether one spouse will pay the other monthly financial support.
The main difference is that, unlike divorce, a legal separation does not end your marriage. After going through a legal separation, you are still married.
Who can get a legal separation in Oregon?
You can file for legal separation if you or your spouse live in Oregon.
Unlike a divorce case, there is no requirement that you must live in Oregon for six months before filing.
When am I legally separated?
You're legally separated when a judge signs a separation judgment. A judgment is a court document that ends a case.
Your separation judgment includes the rules for your separation, like a parenting-time schedule or an order for one spouse to pay child support.
Legal separation vs. informal separation
If you want to live apart from your spouse, you don't have to file for legal separation. You can choose between a legal separation and an 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.
- A legal separation is a formal court process. It involves filing paperwork, serving the other side, waiting for their response, and completing many other steps.
Should I file for a legal separation?
A legal separation is a good choice for:
- Couples who need time apart but also need a legally binding document that spells out what will happen with their kids, property, debts, and finances during the separation.
- Couples who know their marriage is over but don't want a divorce for religious, cultural, or other reasons.
Remember, a legal separation is not the same as divorce. After a legal separation:
- You're still married and cannot marry someone else.
- You must file taxes as a married person.
How much does a legal separation cost?
About the same as a divorce. Your costs may include:
- Lawyer fees: If you hire a lawyer, expect to pay around $300 per hour for their time. Depending on the complexity of your case and your attorney, you may pay anywhere from $5,000 to $50,000 (or more).
- Filing fee: Oregon's circuit courts charge the same $301 filing fee for legal separation, divorce, and annulment cases. If your spouse formally responds to your case, they may owe a filing fee too.
- Service fees: If you can’t serve your spouse yourself, you may have to hire a process server. The cost is the same for legal separation and divorce filings.
How long does a legal separation last?
It depends. A legal separation can last for a set amount of time (like two years), or it can last indefinitely. You tell the court how long you want your separation to last in your court papers.
I got a legal separation, but now I want a divorce. What are my options?
You or your spouse have two years from the date of your separation judgment to ask the court to change your case into a divorce. Contact your local circuit court to see if they have forms for this.
If it's been more than two years since your separation judgment, the process is more complicated. Talk to a divorce lawyer to learn about your options.
Can I change the terms if I convert my separation into a divorce?
Yes, but the process is complicated. Talk to a divorce lawyer for help.
What if my spouse wants a divorce, but I want to stay legally separated?
If your spouse wants a divorce, the court will grant it. Your spouse can ask the court to change your legal separation case into a divorce case. If you don't have a case started yet, they can start a new divorce case instead.
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 forms at your local circuit court, but some counties charge a small copy fee.
What other options do I have besides legal separation?
If you're not sure a legal separation is the right fit, it can help to see how it compares to your other options. Read our article on divorce alternatives in Oregon to compare informal separation, legal separation, annulment, and divorce side by side.
Where can I get more help?
If you need help deciding whether a legal separation is right for you, schedule a consultation with a divorce lawyer. They can advise you on whether a legal separation is a good choice for your situation.
Where can I find these laws?
Oregon's legal separation laws are found in the Oregon Revised Statutes (ORS): ORS 107.025, ORS 107.075, ORS 107.465, ORS 107.475.