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Legal separation in Oregon establishes a binding agreement between married people regarding custody, child and spousal support, and division of property.The spouses may enter a separation agreement to live apart for at least one year or indefinitely.
How long does legal separation last? You can be legally separated for however long you and your spouse think is best. However, if you plan to use your separation agreement as the basis for a divorce later, you and your spouse must have been living apart, under your separation agreement, for at least one year.
Can you be legally separated forever? Technically, yes. If you and your spouse prefer to remain legally separated forever, as long as you agree, you can. However, because legal separation does not dissolve a marriage, neither spouse can remarry in the future until filing for a formal divorce.
Oregon law prohibits a judge from granting a separation order for an unlimited duration. Instead, your separation order will last for a specified period of time, such as six months or a year. Once the separation period has expired, you and your spouse will have to decide whether you want to proceed with a divorce.
Normally that limit is 2 years from the date of separation for a de facto couple, or 12 months from the finalisation of your divorce, if you were married but this is an area to get advice on just to be safe, because the date of separation is sometimes as clear as mud.
If you are legally separated from your spouse, you may remain so for as long as the two of you desire. A legal separation is reversible.To be legally separated from your spouse, there is actually no need for you to get a divorce at some point.
People choose legal separation instead of divorce because of religious beliefs, a desire to keep the family together legally for the sake of children, the need for one spouse to keep the health insurance benefits that would be lost with a divorce, or simple aversion to divorcing despite the desire to live separate
Legal separation in Oregon establishes a binding agreement between married people regarding custody, child and spousal support, and division of property.The spouses may enter a separation agreement to live apart for at least one year or indefinitely.
The main reasons for divorce or separation agreements to be set aside include duress, coercion, unconscionability, mistake and lack of complete financial disclosure. These are mistakes that are often made when there has been no independent legal advice.