Attention: Due to COVID-19, phone consultations are available to all potential clients and current clients that prefer not have meetings onsite. Please don’t hesitate to call us if you have any questions! For more information, please check out our recent blog.

Oregon Criminal Defense, Family Law, & Real Estate Law Attorneys
Request a Consultation 541.238.9210
Filling For Legal Separation?
Contact Our Firm Today

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 A legal separation judgment can also be vacated or set aside so it is no longer in effect.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

  • ABI Membership
  • Better Business Bureau
  • 10 Best Attorney
  • Rising Stars Joseph
  • Avvo 10.0
  • Lawyers of Distinction
  • 40 Under 40
  • Avvo
  • Rising Star Casey

Client Reviews & Testimonials

  • 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

  • In the end, all criminal charges were dropped.

    “I was referred to Casey from another attorney for my criminal charge of Vehicular Assault of a Pedestrian and Reckless Driving. Casey saw me right away and knew how to handle the case. Since Casey used to work for the District Attorney's office he knew the opposing attorney, their style, and how to direct the case. In the end, all criminal charges were dropped. Thank you Casey!”

    Anonymous

  • Highly Recommend

    “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

  • Saved my life

    “Thank you all for the hard work. I was facing three felonies which thanks to Casey Baxter, Thaddeus Bentz, and Amy Margolis was able to plea to one misdemeanor. You guys saved my life!!”

    Jason

  • Amazing!

    “Casey Baxter is amazing!!!”

    Kayla