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 A legal separation judgment can also be vacated or set aside so it is no longer in effect.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

  • Outstanding in Representation

    “I must say I have dealt with quit a few different kinds of lawyers in my time and Casey and his team are outstanding in representation, very fair on compensation, they honestly do care about your outcome and will work with you till the end to their best abilities! I would recommend to anyone who needs his services to give his office a call! Casey and his team will take care of you!”

    Shelley

  • I can look toward a better tomorrow because of what he accomplished.I can look toward a better tomorrow because of what he accomplished.

    “Casey Baxter has been the most amazing attorney, and has truly changed the course of my future. He took the time to listen to me explain about everything that was going on in my life, not just about what happened on the day of my incident, and was able to get the judge to listen as well. He was able to change the outcome into something that was actually manageable for me. He and his staff were always available whenever I needed to ask a question or make a change. I am very grateful for all he has done for me and can look toward a better tomorrow because of what he accomplished.”

    Tessa

  • Highest sense of urgency

    “I had a rather complicated case. Multiple states involved and multiple scenarios and issues that arose daily. I found Casey to extremely honest and transparent. I felt he gave me the most specific information he could. I never felt he was dragging or putting my case behind other cases. He gave me information in complete transparency and never said what he thought sounded good to me. He wasn't afraid of the tough conversations. I would highly recommend this lawyer and this firm if you need complete transparency and accurate information. His office staff consist of incredible work ethic and professionalism. They are always available and provide precise appointments and feedback if any is available. I have had a great experience and couldn't be happier with the result of my case as well as the journey to attain that result. Best I have ever used.”

    Justin

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    “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

  • Gift from God

    “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!”

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