Oregon Petition for Unlimited Legal Separation

State:
Oregon
Control #:
OR-HJ-203-03
Format:
PDF
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A03 Petition for Unlimited Legal Separation
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FAQ

Two of the most common underlying reasons for considering a marriage void are the illegal acts of bigamy and incest. A bigamous marriage exists when one of the spouses was legally married to someone else when the marriage took place.Either of the spouses lacked the mental capacity to consent to the marriage.

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.

To ask the judge to reverse a legal separation order, you typically would use a title such as "Motion to Dismiss" or "Motion to Vacate Order." Usually the title is centered two lines below the caption in bold-face type. Some jurisdictions format the title differently, such as underlined or in all-caps.

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.

Determine a time frame for how long your separation should last. Set clear boundaries. Remain committed to couples therapy throughout your separation. Plan for financial obligations ahead of time.

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.

In order to have a legally-enforceable separation in Oregon, a petition must be filed with the local county court. A judgment must then be entered. The judgment of separation leaves an otherwise valid marriage in-tact, but allows the parties to live apart.

Do not move out of the marital home: If you move out of the home during a separation, you will not get equal time to spend with your children. Do not make your separation public: Avoid telling people that you and your partner are separating.

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.

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Oregon Petition for Unlimited Legal Separation