Marriage is the legal union of two people that establishes them as spouses. More than 2.5 million marriages occur in the United States, with Oregon averaging 25,000 marriages every year. State law defines marriage as a civil contract entered into by persons at least 17 years old with the capability to contract. The ceremony to join marriage must occur in a form authorized by law.  

Marriage is more than a legal contract. Many couples marry for the emotional bond and the intention to establish a life and family together. However, not all marital relationships last forever. Sometimes, spouses have moments in their marriages when they decide they do not want to be together. They may choose to have a separation to work on the marriage or prepare for divorce in the future.

In Oregon, spouses may have an informal or legal separation. An informal separation is an arrangement between the spouses to live separate lives. They may agree on marital issues such as debts, bills, where the children live, and child visitation. Because the court does not grant an informal separation, spouses do not have a legal obligation to comply with the agreement. 

Each parent has equal rights and responsibilities to their children. They also have the equal right to custody and control of their children. Without a child custody order, an informal separation does not give one parent the right to physical and legal custody of the child over the other parent. Neither parent has a legal obligation to pay child support unless a court order or state administrative agency requires it. Therefore, an informal separation does not provide legal protections in the child’s best interest or for the benefit of the spouses. 

A legal separation in Oregon is similar to divorce because it determines spousal support, child custody and visitation, child support and distribution of property. Unlike a divorce, the parties remain married after a legal separation. 

The process to seek legal separation begins with one spouse filing a petition. The court may give a judgment for legal separation if:

• The spouses have irreconcilable differences that caused a breakdown of the marriage;
• The spouses agree and file an agreement with the court to suspend, for at least one year, their obligation to live together as spouses; or
• They have irreconcilable differences but want to remain married for their legal, financial, social or religious interest.        

The spouses’ actions during the separation can result in the court modifying the separation order. If a married couple ends their marriage rather than reconcile, their actions may also factor into the divorce. 

Spouses may not marry another person while legally separated from their spouses. A legal separation only allows spouses to live separate lives. However, they are still legally married. A married couple in a valid marriage must get a divorce to enter into a marriage with someone other than their spouse. A spouse who marries a person while legally married to another commits the crime of bigamy and faces up to five years in prison. 

Oregon court orders for legal separation involving minor children include child custody, child support and parenting time provisions. The court makes the determinations based on what is in the best interest of the child. The state’s policy and goals are:

• To establish or maintain frequent and continuing relationships between the parents and child;
• To encourage parents to share rights and responsibilities of the child; and 
• To allow parents to develop and agree on a parenting plan.

Once the judge signs a final order for legal separation, the spouses must comply with the court’s order for child custody, child support and parenting time. The noncustodial parent must also follow the order regarding child custody and support. The custodial parent should not interfere with the noncustodial parent’s scheduled visitation with the child. Neither parent can change the terms of custody, support, or visitation without going to court for a modification or termination of the legal separation. 

A spouse that disobeys, resists, or obstructs a judge’s order is in contempt of court. Under Oregon law, failure to comply with a court order can result in penalties, including:

• Imprisonment or other confinement
• Fines
• Court order to ensure the spouse complies with the legal separation order 
• Payment of the attorney fees the other spouse incurred for the contempt case
• Probation
• Community service