Legal Separation as an Alternative to Divorce
legal separation in Oregon is a process that involves essentially all of the same issues
as divorce — dividing property, determining custody, paying child
or spousal support, but the parties are still legally married at the end
of the case. So why do some couples choose to separate legally instead
Some people are not ready to divorce, but still wish to live apart from
his/her spouse. A legal separation allows them time to live apart while
also defining the rights and responsibilities for each spouse while living
separately. In Oregon, a separation agreement can establish precedence
for the divorce, if the couple ultimately decides to divorce.
Other reasons for legal separation instead of divorce include religious
beliefs, not meeting the Oregon residency requirements for divorce, the
ability to retain medical or other benefits that a divorce would terminate,
or to extend the marriage past a certain number of years in order to qualify
for certain government benefits, such as social security or a military pension.
effects of legal separation are similar to a divorce, and you have specific rights and obligations
while separated, you should consult a qualified divorce or family law
attorney who has experience handling legal separations. This attorney
will help you decide whether legal separation is a good choice for you.