Understanding Oregon Marital Separation
Unfortunately, there are several instances where ‘For better or for worse’ doesn’t hold ground. But, even then, it doesn’t mean that you should end things on a bad note. If you have the best intentions for each other (not all couples want their marriages to end on a bitter note), and you just want to get a separation, nothing permanent, you can do so in the state of Oregon. The family laws in Oregon allow for married individuals to get a marital separation, also called a legal separation.
Before we get into the details of marital separation in Oregon, an understanding of the difference between legal separation and divorce is important. In the simplest words, a legal separation agreement is temporary while a divorce is permanent. You can go back to being married after signing the legal separation agreement documents like nothing ever happened.
The Time Factor
For a Marital Separation Agreement to be effective in Oregon, you have to specify the duration of the separation. Your separation may be for an unlimited duration where it runs until the court decides to change it, or you can set a specific timeline for the separation. For clarity, most people have three-year separation agreements.
If after the three years neither party has gone to court to convert the separation into a divorce, then the separation gets terminated, and the court records show that you are married.
How Easy Is It to Convert a Marital Separation Agreement in Oregon Into a Divorce?
It is very easy to convert a separation into a divorce. A few years after getting the enactment of the Marital Separation Agreement, either party can convert the separation into a divorce by filing divorce papers.
The reason why this law applies in Oregon is that it makes it easy for legally separated people to get back together if they don’t want to terminate their marriage after all.
What Happens During the Duration of the Separation?
In Oregon, the Marital Separation Agreement duration creates circumstances that resemble a divorce. Just like in divorce cases, the family law court awards child and spousal support, it can divide your assets and debts, and it oversees decisions on custody and parenting plans for you and your children.
- When does it make sense to go forward with legal separation and not divorce?
- Religious conflicts associated with divorces
- If you need a trial run of a divorce and you don’t want to commit to a divorce fully.
- To save money by staying on your spouse’s health insurance plan
- There are cases where spouses need partial separation. In this separation, the parties want to divide their finances, award spousal support to the other, but live together while co-parenting.
- You cannot file for a divorce in Oregon unless you have lived in the state for at least six consecutive months. So, if you are a resident for less than six months in Oregon, you will have to file for a legal separation.
As you can see, legal separation in Oregon is flexible, and you can get back together if you see fit. So, fill in this free Marital Separation Agreement form to expedite the process. If you aren’t sure about this process, seek professional legal help before filling this form.
Whether you live in Portland, Salem, Eugene, Gresham, Hillsboro, Beaverton, Bend, Medford, Springfield or any other city of Oregon, you can use our legal forms easily.