Oregon Divorce Frequently Asked Questions
No information below should be relied upon as formal legal advice. These answers should not be used in place of a personal consultation with a qualified lawyer.
How does a legal separation differ from a divorce in Oregon?
A legal separation is a court process that we do not generally use or recommend. Many, but certainly not all, clients physically separate during the pre-divorce period. It is a hassle free, self-help process. One party simply moves out of the family home. It is possible that such a separation can save your marriage. The new perspective gained by the physical separation may help you discover what is wrong in your marriage. Sometimes the party who is pushing for the divorce believes that physical separation will resolve his or her unhappiness. That person often finds that the opposite is true.
We find that distance seldom resolves marital problems because you need to be together to work out problems. In addition, it often creates problems later for the party who moved out. In the event a client truly wants to be legally separated, the process is much like a divorce. A petition is filed with the court, and the court has the authority to divide assets, debts, and address all child-related issues. However, at the end of the process the parties will still be married. Legally separated parties cannot remarry until they are divorced.
Contact one of our Oregon divorce lawyers and family law attorneys today to schedule a consultation to discuss legal separation.