Key Takeaways:
- Divorce (called “dissolution of marriage” in Oregon) legally ends the marriage, while legal separation allows spouses to live apart but remain married.
- Both processes address the same key issues: child custody, parenting time, support, and division of property and debts.
- Oregon is a no-fault divorce state, meaning you only need to cite irreconcilable differences to file for divorce.
- Legal separation can be temporary or indefinite and is often chosen for religious, financial, insurance, or residency-related reasons.
- A legal separation can be converted into a divorce, typically within two years, or either spouse can file a separate divorce case at any time.
- Separation orders can be modified or ended if circumstances change or if the couple reconciles.
In Oregon, couples wishing to end their relationship have two options: legal separation and divorce. While both actions require you to address child custody, parenting time, spousal or child support, and marital property and debt distribution, they’re not the same. In short, divorce ends the marriage while legal separation doesn’t.
So why stay married when you don’t intend to stay together? Can you later ‘convert’ to a divorce? At Harris Velázquez Gibbens, PC, we get questions like these nearly every day. In this guide, we’ll go into more detail about the main difference between legal separation and divorce, why couples choose one over the other, and the steps involved with both.
What is Divorce in Oregon?
In Oregon, divorce is officially termed a “dissolution of marriage.” Since it’s a no-fault divorce state, you only need to cite irreconcilable differences that caused an irreparable breakdown of the marriage, rather than proving fault. It involves filing a petition to legally end the marriage, divide assets and debts, and determine child custody or spousal support. Once the dissolution is granted, both spouses are considered single and free to marry again.
Here’s an outline of the divorce process in Washington County:
- Confirm that you’re eligible to file. Although Oregon grants a divorce based on irreconcilable differences, in almost all cases, either you or your spouse must have lived in Oregon for six months before filing for divorce. A divorce attorney can help you confirm that you meet the residency requirement.
- Get the official forms. The Oregon Judicial Department (OJD) provides statewide divorce forms, including a packet specifically for petitioners with children. If you have a family law attorney, they will prepare this paperwork for you.
- File your papers with the Washington County Circuit Court. In Oregon, you must file divorce forms in a circuit court in the county where you live or where your spouse lives.
- After filing, you must serve the divorce paperwork on the other party. Your lawyer can arrange for your spouse to be served and make sure the proof of service paperwork (i.e., Acceptance of Service form) is completed correctly.
- Wait for the response deadline. Your spouse has 30 days from the date they were served to file a written Response with the court clerk. If they dispute anything, your lawyer can negotiate a settlement or represent you in court.
- Resolve parenting and support issues. Divorce with minor children usually requires you to make decisions about parenting arrangements and support. An attorney can help draft or review custody/parenting time proposals and child support-related filings, or help negotiate a stipulated judgment.
- Submit the completed paperwork. The divorce is final when the court enters/signs the dissolution judgment. A lawyer can draft the final judgment documents, make sure they match any agreement, and handle the closing filings.
What is Legal Separation?
Legal separation is a court-ordered arrangement allowing married couples to live apart when they have irreconcilable differences and establish terms for child custody, support, and asset division. Unlike divorce, the parties remain married. Oregon law allows a separation judgment to cover a set period of time or to be unlimited in duration, but neither version changes your marital status.
Here are the typical steps to get a legal separation in Oregon:
- Confirm legal separation fits your goal and that you have a legal ground to file. Oregon allows a judgment of separation on several grounds, a filed agreement suspending the obligation to live together for at least one year, or irreconcilable differences where staying married preserves or protects a legal, financial, social, or religious interest.
- Complete the necessary paperwork. A family lawyer can help you select and complete the necessary forms. If you have minor children, the lawyer can include parenting arrangements and support-related requests.
- File the forms in the correct court. For example, Hillsboro is in Washington County, and the Oregon Judicial Department lists the Washington County Courthouse in Hillsboro (145 NE 2nd Avenue). Your lawyer can help you check local filing requirements and county-specific Supplementary Local Rules (SLRs).
- Serve the other parent/spouse with the filed papers. Service options include having the other party sign an Acceptance of Service (if they’re willing) or using personal service by an eligible server, followed by filing the proof of service.
- Wait for the response period and review any response/counterclaims. Your spouse has 30 days from the date of service to file a written response, which can include counterclaims. If their response disputes parenting time, custody, support, or property/debt issues, your attorney can negotiate an agreement or represent you in court.
- Get the final separation judgment entered. This order must also state the duration of the separation.
Why Do People Choose Legal Separation Instead of Divorce?
Although everyone’s situation is different, Oregon couples choose legal separation over dissolution for four main reasons, all of which are recognized in ORS 107.025(2).
- Religious, Moral, and Cultural Reasons: For those whose faith or personal values treat marriage as permanent, a court-ordered separation can resolve the practical and legal issues without dissolving the marriage itself. The court enters binding orders on custody, parenting time, support, and property and debt, and the parties live separately while remaining married.
- Insurance-Related Reasons: Because legal separation doesn’t end the marriage, some couples use it to preserve access to spousal health insurance benefits that would terminate upon divorce. That said, whether a spouse can remain on the other’s employer-sponsored plan during separation may depend on that plan’s own rules.
- Residency Timing: In almost all cases, one spouse must have lived in Oregon for six months before filing for divorce. In a suit for legal separation, one party needs only to be a resident of Oregon. For a spouse who hasn’t yet met the six-month residency qualification, legal separation can be a first step, with conversion to dissolution following once the requirement is met.
- Legal and Financial Reasons: A spouse who stands to lose a financial benefit tied to the length of the marriage, or who has a legal or social interest connected to married status, may seek separation rather than dissolution. An example of the former is Social Security spousal benefits: a spouse becomes eligible to claim benefits after ten years of marriage. If you’ve only been married for nine years, legal separation can preserve your eligibility.
Can a Legal Separation Be Converted Into a Divorce?
Yes, and Oregon law sets out exactly how it works. Under ORS 107.465, within two years after a separation judgment is entered, either party can file a motion and order to show cause to convert the separation into a dissolution. The other party must receive notice at least 30 days before the hearing, though they can consent to the conversion and waive the hearing entirely.
One important protection comes with the conversion. A supplemental dissolution judgment entered through conversion doesn’t set aside, alter, or modify any part of the separation agreement that created vested rights. This means that property divisions and other provisions provided by the separation judgment remain in effect.
ORS 107.465 also makes clear that conversion isn’t the only path to dissolution. Nothing in the statute prevents either party from filing a separate divorce case at any time, through the standard dissolution filing requirements. In short, conversion is a streamlined option, not the sole one.
Can You Change or End a Legal Separation Without Divorcing?
Yes. In Oregon, either party can ask the court to modify child custody, parenting time, or spousal and child support provisions of the separation judgment after it’s entered. The same motion practice that applies to marital dissolution judgments applies here: if circumstances change, the court has authority to revisit those provisions.
Going further, either party can ask the court to vacate the separation judgment altogether. That option exists for couples who reconcile or who decide, for any reason, that they no longer want the separation judgment in place. For those who aren’t certain about the long-term direction of their marriage, separation lets them resolve immediate issues while leaving their options open.
Speak to an Oregon Family Lawyer Today
Whether you’re considering dissolution and legal separation, both give an Oregon court authority to resolve custody, parenting time, support, and property and debt distribution. The difference is in what the final judgment does to the marriage. Dissolution ends it. Legal separation leaves it intact while putting binding court orders in place.At Harris Velázquez Gibbens, our family law attorneys represent clients in Hillsboro, across Washington County, and throughout the Portland Metro area. If you have questions about dissolution or legal separation, call us at (503) 648-4777 to start with a free 15-minute phone evaluation. You can also contact us about your family law case online. Se habla español.
