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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 A legal separation judgment can also be vacated or set aside so it is no longer in effect.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

  • We would recommend Baxter Law to anyone.

    “We would like to thank Casey Baxter for his diligence and hard work. Also for respecting what we wanted to do in our case. He had our legal back all the way. We would recommend Baxter Law to anyone. Thank you again.”

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    “I actually hired Casey based on the reviews from Avvo. Since I live in WA, but got my DUII in Oregon, my situation was a little different than some, but Casey has been able to answer my questions all through the process. My case was pretty standard as to what was going to happen (and did happen). Mostly, Casey eased my fears with the whole process and made the ordeal much easier than if I had tried to handle this on my own. ”

    Shelley

  • Guilty or not, he'll get you the best deal he can

    “My case was unique. Facing my second revoke, with only two people showing up for support, Casey managed to help me out of a bind. It took some minor nit picking, but that's all it takes. He will also make sure you understand everything so that you're not left feeling naive or played by the system. Guilty or not, he'll get you the best deal he can, if you're not completely acquitted of your charges. ”

    Jeffrey

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    “Mr. Baxter was very helpful and very knowledgeable concerning the specifics of my case. He essentially streamlined the court process for me, which allowed me to focus on the end details of my case, rather than worry about what possible outcomes there could be. Instead of ending up with two convictions, I was able to enroll in the diversion program, take traffic school, and pay the fines. We all make mistakes, and I was very glad that Mr. Baxter was there to help me with my case. I would highly recommend Mr. Baxter.”

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