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 A legal separation judgment can also be vacated or set aside so it is no longer in effect.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

  • I am very thankful for him.

    “My experience with Casey was more than I could have even ever imagined. I have never had one of my children in trouble before. He explained everything to me, was very patient with all of my questions and was able to get my son the best deal he could for him. My son said nothing but positive words about Casey and knowing that he was in Cory's corner made this awful process manageable for me. I didn't really understand all the verbiage while the lawyer was explaining next steps during all these court hearings, but Casey would take me outside the court room and explain what was going to happen next. I am very thankful for him - so is my son.”

    Ristine

  • Simply The Best

    “The state of Oregon accused me of a crime and the did not believe me. Mr. Baxter did believe me he and his staff were a God send and my case was dismissed because of Mr. Baxter being excellent as a lawyer.. Thank you Casey. Bless you all......”

    Robert

  • 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

  • Great job, excellent result.

    “Casey Baxter did a great job representing me during the criminal court proceedings and advised me how to best proceed after being arrested for a DUII. As for my criminal case, he guided me through the process to get into the DUII diversion program that will end with a dismissal if all conditions are completed successfully; In addition, Mr. Baxter did an excellent job representing me during the DMV hearing. Even with the hopeful dismissal of my criminal case, I was still facing a 90 day ODL suspension for failing a breath test. After successfully making his arguments to the Administrative Law Judge during the DMV hearing, Casey was able to get a dismissal of my case without any suspension or fine. Casey is a knowledgeable and competent attorney who was able to help me through this difficult time in my life. The dismissal of the ODL suspension (a rare outcome) in particular helped my situation greatly, to say the least. I would surely recommend Mr. Baxter to any person who is in need of a great DUII defense lawyer.”

    Anonymous

  • Casey is an awesome attorney.

    “He is very intelligent and knows how to get great results. He was there me and my wife during a very scary time when we really needed someone in our corner. He was always there to answer any questions we had and was able to get our legal matters settled with great results. We would have been a sinking ship without Casey!”

    Chester