Tips to Get a Legal Separation in Oregon

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Oregon is the state which recognizes legal separation and has the provisions in the statute for granting the same to the couples who are unsure; whether, they want to divorce or remain married. In general, legal separation in Oregon allows the partners to remain married by establishing a legally binding contract, that is, the settlement agreement regarding the marital issues such as parental rights, support payments, property division, etc.

Oregon is the state where legal separation is recognized by the statute and the relevant provisions are made so as to make it legally binding for the parties involved.

Types of Legal Separation in Oregon:

The legal separation in Oregon is recognized by the state and there are documents which confirm that the couple is indeed legally separated. However, there are three types of legal separation in Oregon. Let us have a look at these types:

  • Informal Legal Separation A separation in which the parties stay separate and apart but do not enter the judgment of separation or do not sign the copy of separation agreement is known as informal legal separation. It is not authorized by the court of law and not legal.
  • Limited Legal Separation A separation where the judgment of legal separation is granted by the court for only a limited period of time is termed as limited legal separation. Such a separation comes to an end after the specified period leaving the couple at square one. Besides, it costs almost as much as a legal separation in any other state.
  • Unlimited Legal Separation The most popular and common type of legal separation entered by both the parties resolving all the marital issues and for an unlimited period of time. It does not end until one of the parties chooses to file for divorce or the parties reconcile.
Benefits of Legal Separation in Oregon:

Now-a-days, many couples opt for legal separation instead of divorce. There are many reasons behind these couples decision. There are several benefits of legal separation which increase the couples' inclination towards legal separation.

Let us have a look at these benefits of legal separation in Oregon:

  • Being legally separated, the couple can retain each other's insurance coverage, tax exemptions and other marital benefits.
  • Couples married to each other for 10 years can reap the social security as well as military benefits off each other.
  • The couples who do not meet the residency requirement of 6 months for divorce can go for legal separation where no specific residency requirement is needed.
  • The couples affiliated to religions which despise the provision of divorce can opt for legal separation instead of divorce.
  • The option for reconciliation always remains open unlike a divorce lawsuit which severs all the ties.
  • The cost of legal separation lawsuit is considerably less than a divorce lawsuit.
Process of Legal Separation in Oregon:

The process of legal separation in Oregon is same as the divorce process in the state of Oregon. The petition has to be filed, the summons has to be sent to the respondent. After the response is received, the court encourages the couple to reach a mutual agreement regarding the settlement of the marital issues after the separation. This agreement is signed by both the parties, notarized and then approved by the court.

The only difference between legal separation and divorce in Oregon is that the couple stays legally married but can lead separate lives after being legally separated.

Separation Agreement or Settlement Agreement in Oregon:

Separation or settlement agreement is a crucial part of legal separation in Oregon. However, it is temporary and can be dismissed or modified anytime if the couple chooses to do so. The legal separation itself can be temporary and its terms can change according to the wishes of the husband and the wife.

The terms regarding division of property, personal property, debts, pension and retirement plans, investment plans, credits and other issues pertaining to finance and property can change if both the partners are not comfortable with the provisions.

Reasons for Legal Separation in Oregon:

Legal separation in itself is an uncommon occurrence. Lawyers as well as courts are not keen on processing separations due to the intricacies and the time-consuming nature of such cases. Still, the number of couples opting for legal separation is on the rise and there are some reasons for the same. These reasons are as follows:

  • Social Reasons There is a social stigma attached to divorce which not everyone can handle. Such couples opt for legal separation instead of divorce where they can still profess themselves as married and can lead separate lives without any judgment from the society.
  • Financial Reasons The couples who have been married for a long time have a considerable property acquired during the marriage. In the separation agreement, this property is divided in a way which is beneficial for both the parties. Besides, the insurance, health-care, social security, investment, pension plans, retirement plans and military benefits are also some of the perks of being legally separated.
  • Religious Reasons Many religions frown upon or despise the concept of divorce. Couple bound by such religious obligations get the best of both the worlds by being legally separated. They can parade as being married but lead separate lives.
  • Emotional Reasons It may sometime happen that either of the partner cannot digest the fact that their marriage is over. For such people, reconciliation is an option. Such couples opt for legal separation for an emotional reason and give it a try as a trial separation.
In short, legal separation is the golden mean between an unwanted marriage and a bitter divorce.

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