How long do you have to be separated to get a divorce?

How long do you have to be separated to get a divorce?

To obtain a divorce in Oregon, one of the spouses must have lived in Oregon for at least six months. The law does not require the filing spouse to be the one who meets the residency requirement, so long as one spouse has lived in the state for six months, either spouse can file for divorce.

If someone wants to file for divorce, but has not lived in Oregon for at least six months, they have the following options:

  • Wait until they meet the residency requirement
  • File for divorce in another state
  • File for a legal separation

A legal separation is similar to a divorce in that upon entry of a judgment of separation, a judge will divide the couple’s debts and assets, make child custody and parenting time decisions, and determine whether spousal support is necessary. There is no residency requirement to file for a legal separation in Oregon. The main difference between a legal separation and a divorce is that the couple is technically still married after being legally separated.

However, for those who do not meet the Oregon divorce residency requirement, a legal separation is a good first step to take. Once a couple is legally separated, either party can then convert the separation to a divorce once they meet the residency requirement.

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