Should I Get a Legal Separation or a Divorce?
Legal separation provides an alternative to divorce when the parties are not prepared to formally dissolve the marriage.
A legal separation allows the parties to physically separate, while keeping the marriage legally intact. A legal separation can divide marital property and debts, and determine custody, parenting time, and child and spousal support. The terms of a legal separation can be incorporated into a judgment of dissolution should the parties decide to divorce in the future.
Effect on Custody, Child Support
Legal separation may also provide an appropriate separation remedy if you need a child support or custody order, but have not lived in Oregon for the six months required to establish residency for a divorce. Once the residency requirement is met, the parties can incorporate the terms of the legal separation into a formal dissolution.
Dangers of Legal Separation
One thing that’s important to take into consideration is that unlike divorce, a legal separation may not protect the parties from each other’s creditors, may have unfavorable tax consequences, and is not guaranteed to ensure continuation of insurance coverage.
We Are Here to Explain Your Options
Our attorneys are committed to helping you determine if a legal separation is the right option for your circumstances. We will educate you about all your options when considering separating from your current spouse or domestic partner, and provide personalized assistance throughout the process. If you have questions about whether a legal separation is the right fit for you, please call our law office and schedule a consultation to speak with one of our knowledgeable attorneys.
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