Separation

My spouse and I are separated but we have never filed for divorce. Can I marry someone else?

Neither of you can remarry until you end your marriage.

My spouse and I are separated but we haven't filed for divorce. I have our children. Do I have more custody rights than my spouse?

No. Unless you have a custody order (a court order signed by a judge that says that you have custody) you and your spouse have equal rights to have the children. You and your spouse can agree on where the children should live. Unless you have a court custody order, you may not be able to have the police get your children back if your spouse breaks the agreement.

How can I get a court order that gives me custody?

Once you have filed for divorce, you can ask for a temporary order that gives you custody until the divorce is final.

If my spouse and I are separated, can I get child support? How?

Your spouse can agree to pay you child support, but you can't force your spouse to pay unless you have a court or agency order.

You can get a child support order without filing for a divorce. If you are getting welfare, the state's Division of Child Support will try to get a support order against your spouse. Under the current law, you will receive the first $50 of any child support your spouse pays the state each month. If you are not getting welfare, the county District Attorney will help you get a child support order for free.

You can also ask for child support as a part of your divorce. A judge can require your spouse to pay child support payments in a temporary order and in the final divorce decree.

Do I have to let my spouse back into my home if we are separated but still legally married?

If you are separated and your spouse's name is not on the rental agreement or deed to the home, your spouse has no right to enter it. If you are living in the family home and feel you are in danger from your spouse or partner, you can ask for a restraining order that will forbid him or her from contacting you or coming into your home.

Am I responsible for my spouse's debts while we are still married?

You are not responsible for any debts signed for by your spouse before the marriage (unless you also signed for them). You are also not responsible for any debts your spouse signed for alone during your marriage, with one exception: you and your spouse are each responsible for family expenses, such as debts for food, clothing, and medical care, even after you separate and even if only one spouse makes the purchase.

What is a legal separation? Why do people file for legal separation

A legal separation is a court order that states who gets the children, who pays support for the children, whether spousal support is ordered, and who gets what property. Legal separation is sometimes used when religious beliefs prohibit divorce or when you or your spouse have not yet lived in Oregon long enough to file for divorce. A legal separation costs about the same as a divorce. If you get a divorce later, the terms will probably be the same as the terms of your legal separation.

What is the difference between divorce and legal separation?

The main difference is that you are still married after a legal separation, so you cannot marry someone else. Also, you still have the right to inherit property from your spouse if you are legally separated. If you are divorced you lose that right.

Why would I want to file for a legal separation instead of a divorce?

Some people choose to seek a legal separation instead of a divorce for religious reasons. Additionally, to file for divorce in Oregon, you must be a resident for six (6) months. If you have lived in Oregon for less than 6 months, you cannot file for divorce. However, you can file for a legal separation. Some people choose to file a legal separation to get the court's protection and involvement prior to meeting the six (6) month residency requirement. If you are new to the state, and need child support, or temporary orders regarding custody and parenting, we may be able to help you by filing a legal separation. An attorney may be able to assist you in gaining the court's protection and involvement the day you step foot into Oregon.