How Do I Separate From My Spouse?
Those who are considering an Oregon divorce have several options when it comes to separating. Parties typically either directly file for a divorce or they first file for a legal separation and then convert the separation to a divorce at a later date.
Filing for divorce gets the process started faster, but not everyone can qualify for an Oregon divorce depending on how long they have lived in the state. Oregon has a six-month residency requirement to file for a divorce. Thus, one of the spouses must have lived in Oregon for the six months prior to filing for divorce. To start the process, either spouse must file a petition for dissolution of marriage. This formally informs the court of the party’s intention to seek a divorce. After the petition is filed, it must be served on the other party. Once the petition is served, the case will get listed.
The other way to separate from a spouse is to file for a legal separation. Legal separations are common for those couples who have not lived in Oregon long enough to meet the residency requirement. A legal separation is similar to a divorce, in that the judge will make all the same determinations, including:
• The division of marital property
• Determining which parent will have custody of the children
• Working out the details of a parenting plan for the non-custodial parent
• Awarding child support, and
• Awarding spousal support
However, at the end of the process, the couple will be separate, but still married. Thus, neither of the spouses can remarry, unless the separation is later turned into a divorce. This can be an important distinction for income-tax purposes. A legal separation is obtained by a petition with the court. There two different petitions, one for those with children and another for those without children.
Other Divorce Frequently Asked Questions
- Can I File For Divorce In Oregon If I Don’t Know Where My Spouse Is?
- Can My Spouse Keep My Children From Me While Our Oregon Divorce Is Pending?
- Do I Have To Move Out Of My Home During A Divorce?
- Do Stepparents Have Rights In An Oregon Divorce?
- Do You Have To Go To Court To Get A Divorce?
- Does A Non-Custodial Parent Automatically Have Parenting Time After An Oregon Divorce?
- Does It Matter Who Files For Divorce First In Oregon?
- How Do Courts Determine Child Custody in an Oregon Divorce?
- How Do I File For Divorce In Portland?
- How Do I Make Sure My Assets Are Kept Safe From My Ex-Spouse?
- How Do I Separate From My Spouse?
- How Does Divorce Impact Financial Aid For My Child’s College Education?
- How Does The Process Of Serving Divorce Papers Work?
- How Is Debt Divided During Divorce?
- How Is Property Divided During Divorce?
- How Long Do You Have To Be Separated To Get A Divorce?
- How Long Does It Take To Get A Divorce?
- How Much Does A Divorce Cost?
- How To Start A Divorce Conversation?
- How To Start A Divorce Process?
- Is It True That I Will Need To Complete A Parenting Class Before The Court Finalizes My Divorce?
- Is There A Waiting Period Before A Divorce Is Granted In Oregon?
- Should I Move Out During The Divorce?
- What Am I Not Allowed to Do During a Divorce?
- What Are The Grounds For Granting A Divorce In Oregon? Do I Have To Prove That My Spouse Did Something Wrong?
- What Do I Ask A Divorce Attorney in Oregon?
- What Documents Do I Need To Bring To A Divorce Lawyer?
- What Does a Collaborative Divorce Mean for Oregon Parents?
- What Happens After I File For Divorce In Portland?
- What Happens in a Divorce if My Spouse/Partner Has All the Debt in Their Name?
- What Happens in a Divorce if My Spouse/Partner Has All the Property in Their Name?
- What Happens To My Art Collection If I Get Divorced In Oregon?
- What Happens To My Boat If I Get Divorced In Oregon?
- What Happens to My Retirement Account if I Get a Divorce in Oregon?
- What Happens To My Vacation Home If I Get Divorced In Oregon?
- What Is A No-Fault Divorce?
- What Is Considered Grounds For Divorce In Portland?
- What Is Separation?
- What Is The Process For A Divorce?
- Why Should I Contact A Divorce Lawyer Before Filing?
- Why Would The Court Reject My Divorce Paperwork?
- Will My Spouse Get My Inheritance After We Divorce?
- Will Obtaining A Restraining Order Against My Spouse Help Me In My Divorce?