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 when applying for legal separation. 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. A marriage may be annulled if one of the parties was unable to enter into or agree to a marriage because he or she was not of legal age or did not have sufficient agreement, or if one of the parties consented to the marriage by force or fraud. A marriage annulled on any of these grounds is void at the time of signing the judgment and is treated as if it had never taken place. A divorce case has an application fee. The moderator or clerk can provide you with a fee schedule. If you can`t afford the costs, you can ask the court to waive the costs or defer them. You can obtain a fee waiver or deferral request from the moderator, court clerk or by downloading a request from the court`s website. In Oregon, you can easily convert your legal separation into a legal divorce (dissolution of marriage), making all the terms of your legal separation final within two years of the legal separation by simply submitting a form (and at no additional cost). 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 need to file a new application with the court (and pay the registration fee). Oregon is a “no-fault” divorce state.
This means that a spouse or partner filing for divorce does not have to prove that the other spouse or partner has done anything wrong. The only reason for the dissolution of marriage is that the spouses or partners cannot agree with each other and there is no way to solve the problems. The law calls this “irreconcilable differences that caused the irretrievable breakdown of the marriage.” One spouse or partner does not need the permission or participation of the other spouse or partner to divorce. Whether you are able to successfully negotiate the terms of your divorce or ultimately have to appear in court to reach a fair resolution, you can expect to invest a lot of time and money. There may be mediator fees, costs for the professional services of accountants and real estate valuation experts, or, if you have children, additional fees for a parental appraiser to determine custody issues. You should also be prepared for ongoing divorce costs, which can extend well beyond the finalization date of your divorce, such as spousal benefits or child support. Many things affect the final financial cost, and like most things at the end of a marriage, this varies from case to case. No two marriages are the same. Therefore, there are not two divorces. Unique elements will always affect some and others will not. The problem with hiring a divorce lawyer is that it costs money.
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. 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. 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: Legal separation in Oregon establishes a binding agreement between married people regarding custody, child and spousal support, and division of property.
Legal separation must either take place with the consent of the spouses or the court decides that separation is justified because it safeguards or protects the “legal, financial, social or religious interests” of the parties. Although the cost may seem high now, you can save thousands of dollars over the course of your lifetime. In short, divorce is not cheap, even in the simplest cases. The time it takes for a dissolution judgment depends on the complexity of the case and the court`s schedule. A dissolution case progresses rapidly when the parties file an application as co-plaintiffs and agree on everything before filing. If a judge has to make decisions, the case takes longer. As a general rule, it does not matter who is the first to submit the dissolution documents. The court does not favour either the first person making the application (the applicant) or the person who is the respondent. The filing fee is the same for the plaintiff and the defendant. Both parties may request interim measures while the proceedings are pending. So far, most of the costs associated with divorce that have been discussed are of an obvious variety.
Court costs, lawyers` fees and child and spousal support. People often associate all this with the end of a marriage. The only type of divorce that does not require compromise is a default judgment. This is when your ex doesn`t take action and essentially loses the case. You also have costs related to filing applications, responding to petitions, appearing in court, and more. Essentially, whenever you have to process new documents or go before a judge, expect at least a few dollars. 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. Divorce is a complicated matter and you can be much better served if you use the expertise of a lawyer.
A professional who knows the specifics of the process will be able to answer your questions and guide you on the path to an optimal result. And that, of course, costs money. A judgment of separation may be issued if irreconcilable disputes between the parties have led to the temporary or indefinite breakdown of the marriage. The main difference between legal separation and divorce is that spouses are always married after legal separation. As in the case of divorce, a separation decree can determine custody, parental leave and child support. The judgment may also divide property and debts and establish spousal or partner support. Court fees, deadlines and requirements for mediation and parenting courses are generally the same as for divorce. The petition shall contain the names of the parties, the names and dates of birth of any minor child, the date of marriage and separation, and an explanation of the conditions of residence. It indicates the facilitation requested by the applicant, which may include custody of children, child support, division of property and debts, matrimonial property rights and whatever else is desired in the event of separation. A summons served on the spouse notifies him of the document. The papers are deposited in the county where one of her spouses lives. The parent with the highest income typically covers more of the financial costs of childcare, medical bills, and education.
The state of Oregon has an online calculator to estimate potential child support payments. While this isn`t a hard, fast, official amount, it gives a rough idea of what you might have to pay. In the event of a divorce, you do not need to hire a lawyer. That said, unless it`s a simple, straightforward case with little conflict, it`s usually in your best interest to be represented. 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.