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Bend Legal Separation Attorney

What a Separation in Bend Constitutes

A “separation” in Oregon is the legal term used to define the legal relationship between two previously married parties when they wish to terminate their legal relationship. A “judgment of separation” in Oregon may be issued when irreconcilable differences between the parties have caused the temporary or unlimited breakdown of the marriage.

A legal separation may be for a limited or unlimited duration of time. You cannot marry someone else if you are legally separated and not yet divorced. A legal separation proceeding may be changed to a divorce proceeding at a later date. A legal separation judgment can also be vacated or set aside so it is no longer in effect.

Divorce v. Separation v. Annulment

When it comes to deciding which route to go, it is important to know the difference. The main difference between a legal separation and a divorce is that the former does not actually terminate the marriage.

Like a divorce, a legal separation judgment will require establishing terms such as custody, parenting time, and child support. In most cases, the judgement can also divide property and debts. You can even set up spousal or partner support.

Another similarity is that the court costs, timelines, and requirements for mediation are typically the same for a legal separation as they are for divorce.

When it comes to annulment, the marriage is considered “void,” as if it never occurred. The filing fees in Oregon are the same for divorce as they are for separation.

Typical Reasons for a Separation v. a Divorce in Oregon

  • A spouse may be able to stay on the other spouse's insurance policy.
  • The parties may have moral or religious objections to divorce.
  • Neither party has lived in Oregon for six months, in other words, the Oregon courts do not have jurisdiction.
  • The parties don't want a divorce, but want a court order to divide property and debts, establish support, or a parenting plan.

What if I just moved to Oregon?

A suit for separation may be filed only in a county in Oregon where one of the parties to the suit lives. At least one of the parties in a separation action must live in Oregon when the suit is commenced. Unlike a Divorce in Central Oregon, no period of residence within the state is required before filing a suit for separation. The parties need not have been married in Oregon to establish jurisdiction in Oregon.

Obtaining a Separation in Oregon – The Basics

A legal separation during a marriage or a Registered Domestic Partnership is started when one spouse or partner files a “Petition for Separation.” The spouse or partner who files the petition is called the “Petitioner.” The other spouse or partner is called the “Respondent.” Both parties can file a joint petition, in which case they are the “Co-Petitioners.” The duration of the separation may be unlimited, permanent, or for a specific period. The separation ends when a “Judgment of Separation” is entered with the court. Either party may, within two years after a judgment of separation is entered, move to convert the “Judgment of Separation” into a “Judgment of Dissolution.” A legal separation judgment can also be vacated or set aside so it is no longer in effect.

Relief Available in a Separation in Oregon

Like a divorce, a legal “Judgment of Separation” may establish custody, parenting time, and child support. The “Judgment of Separation” may also divide property and debts and establish spousal or partner support.

This can be a complicated area of the law. For more information, please contact Attorney Joseph Harder at Baxter Harder, LLC.

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Client Reviews & Testimonials

  • The extra mileThe extra mileThe extra mileThe extra mile

    “Mr. Baxter and his staff care. Plain and simple. They care what happens to you. From the first meeting I never felt like a name or a number. I was a person whose outcome mattered. I was charged with two felonies and without the hard work and knowledge of the courtroom that Casey provided their is no doubt I would have been convicted. It was amazing to watch Casey battle back when things seemed to be going the other way. He studied case files and did his homework late into the night so as to insure a favorable outcome. I'm so thankful I didn't plea bargain and allowed Casey to show me his skills. His knowledge at times seem to even help the judge. The cocky District Attorney who felt he had it wrapped up truly walked away with his head hung. Casey Baxter knows the courtroom, he knows the law, he knows what will work and not work and most of all he respects his clients. He understands and cares about the fact that his performance will have a profound effect on your life. I interviewed 7 lawyers in the area. Casey was the last one I interviewed. So thankful I went with Baxter Law as today Iam a free man and can get on with my life. Thank you Casey. Thank you Emily :)”

    Mark U.

  • DUI, Reckless, and Interfering Defense

    “I selected Mr. Baxter to defend me against charges stemming from a DUI arrest. In addition to the DUI, I was also charged with reckless driving and interfering with the duties of a peace officer. Mr. Baxter's calm demeanor and support during this difficult, embarrassing incident were his primary assets. His extensive experience working in Deschutes County, in particular the District Attorney's office, also were factors in my decision. In the end, Mr. Baxter was able to get the Reckless and Interfering Charges dismissed and I am currently enrolled in diversion for the DUI. This was the best possible scenario I could have envisioned after facing the possibility of additional charges that would have resulted in substantial penalties. I have certainly learned a life lesson as a result of this arrest and am thankful to Mr. Baxter for his representation.”

    Previous Client

  • He rules!

    “Mr. Baxter was really supportive and knowledgeable of our unique situation. He was well-prepared and totally approachable too. He's been available with any and all questions that we've had since he helped us. He was straightforward and didn't give us any BS. ”

    Jennifer

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    “The lawyers and staff at Baxter Harder are very knowledgeable and professional in every aspect of their company. They are by far the best team to have on your side when tackling confusing and frustrating legal issues. They are lawyers who truly care! Thank you Casey, Joseph, Emily, and Nicole so much for all you've done.”

    Jessica

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    “Well I was recommended to Me Baxter from another local attorney that handled my complicated caseloads for years before we had a falling out due to my inability to communicate. So I have God on my side and some criminal and civil cases that are very complex and from what I've heard and my faith that God has pointed me in the right direction I look forward to working with Casey and his team!”

    John