Legal Separation as an Alternative to Divorce
A legal separation in Oregon is a process that involves essentially all of the same issues as divorce — dividing property, determining custody, paying child or spousal support, but the parties are still legally married at the end of the case. So why do some couples choose to separate legally instead of divorce?
Some people are not ready to divorce, but still wish to live apart from his/her spouse. A legal separation allows them time to live apart while also defining the rights and responsibilities for each spouse while living separately. In Oregon, a separation agreement can establish precedence for the divorce, if the couple ultimately decides to divorce.
Other reasons for legal separation instead of divorce include religious beliefs, not meeting the Oregon residency requirements for divorce, the ability to retain medical or other benefits that a divorce would terminate, or to extend the marriage past a certain number of years in order to qualify for certain government benefits, such as social security or a military pension.
Because the effects of legal separation are similar to a divorce, and you have specific rights and obligations while separated, you should consult a qualified divorce or family law attorney who has experience handling legal separations. This attorney will help you decide whether legal separation is a good choice for you.
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"We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services."In our search for a reputable law firm to handle my sister’s divorce case, we explored our options until we found the McKinley Irvin law firm. McKinley Irvin has, through our experience, proven to be compassionate, understanding and patient during the long term process of my sister’s case. Due to her disabilities she needed more than the legalities and McKinley Irvin was able to provide their knowledge as well as the assurance to my sister that her case would be handled in her best interest. We cannot begin to express our gratitude for all that the McKinley Irvin law firm has done for us. We would highly recommend the knowledgeable and dedicated law firm of McKinley Irvin to anyone who might be seeking legal services.- P.M.
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