April 14, 2025
If your marriage has run its course, you and your spouse may be wondering how to proceed. Should you legally separate or file for divorce? The decision is deeply personal and will depend on your unique situation and priorities.
Oregon law provides pathways for both, with divorce being the option that legally terminates the marriage. Understanding both options and their implications can help you make the best decision for your circumstances.
In this article, we’ll explain the key differences between legal separation vs. divorce, why some couples choose to separate while remaining legally married, and when it might be a good idea to consult a divorce or legal separation attorney.
Legal separation is an alternative to divorce with legal implications. Unlike an informal separation, it involves filing legal separation forms, a formal court process, and a separation judgment. Under Oregon law, legal separation includes agreements on child custody arrangements, spousal support, and property division without fully dissolving the marriage.
A legal separation can, but does not need to, last a specific amount of time. While legally separated, either spouse can ask the court to modify any of the agreements in the judgment of separation, convert it to a divorce, or vacate the judgment altogether.
Religious or personal beliefs: Some couples do not want to continue in their marriage but may not believe in getting a divorce for cultural or religious reasons.
Financial or insurance reasons: In a legal separation, both spouses still need to file taxes as married persons, but can still retain access to health insurance, military benefits, and tax advantages.
Hope for reconciliation: Couples may choose legal separation as a way to take time apart to live separate lives and decide if the marriage can be reconciled.
Immigration concerns: Legal separation can be a viable alternative if a divorce could impact a spouse’s immigration status.
Divorce is legally referred to as “dissolution of marriage” in Oregon. It is the formal and permanent end of a marital relationship. A divorce severs all ties between spouses and allows each party to move forward independently and remarry.
In a divorce, the court determines how marital property, finances, and debts are divided between both parties. Oregon follows equitable distribution of property, which means that the court will divide marriage assets and debts as fairly as possible (this may not result in a 50/50 split).
No chance for reconciliation: If both spouses agree the marriage is over, divorce provides closure.
Financial independence: Divorce allows each spouse to control their own financial future.
Severing legal ties to a spouse’s decisions or debts: Divorce eliminates shared legal responsibility for a spouse’s financial obligations and actions.
|
Factor |
Legal Separation |
Divorce |
|
Martial Status |
Still legally married. |
Marriage is fully dissolved. |
|
Financial Considerations |
May retain benefits like health insurance or tax advantages. |
Completely separates finances and benefits. |
|
Property & Debt Division |
Can be divided but allows flexibility if reconciliation occurs. |
Assets and debts are permanently divided. |
|
Medical Decisions |
Spouses may retain rights to make medical decisions for each other. |
Spouses no longer have legal medical decision-making rights. |
|
Spousal Support & Custody |
Courts can order support and custody arrangements. |
Courts determine support and custody arrangements. |
|
Remarriage |
Not allowed. |
Possible once divorce is finalized. |
If you’re unsure whether legal separation or divorce is the right choice, consider asking yourself the following questions:
Do I believe reconciliation is possible?
How will legal separation or divorce impact my financial situation?
Do I have religious or cultural reasons for avoiding divorce?
Seeking legal guidance can help clarify these questions and provide personalized advice tailored to your situation.
What is the difference between legal and informal separation?
A legal separation involves a formal court order, whereas an informal separation does not offer any legal protections.
Does a legal separation require both spouses to agree?
No. In Oregon, it is not necessary for both spouses to agree on legal separation. Either spouse can decide to file for legal separation or divorce.
How long does a legal separation last in Oregon?
A legal separation does not have a set expiration date. It remains in effect until the couple reconciles, chooses to divorce, or modifies the legal separation agreement. After two years, either spouse can petition to convert the separation into a divorce.
How can I file for legal separation or divorce?
To file for legal separation or divorce, you will need to fill out the relevant forms and file them in the county where either you or your spouse lives.
Can I date other people while legally separated?
Yes, but you are still legally married, and as such cannot remarry. Dating during legal separation may have implications, especially in matters involving spousal support or custody.
How much does it cost to file for legal separation?
As of January 1, 2025, the court fee to file for a legal separation or divorce in Oregon is $301. However, note that there can be additional fees and service charges. For example: you need a county sheriff to serve the divorce papers to your spouse.
What if my spouse and I reconcile after a legal separation?
You can request the court to dismiss the legal separation, effectively restoring your marital status without further legal action.
Can I convert a legal separation into divorce?
Yes. Oregon law allows a legal separation to be converted into a divorce at any time. However, if a married couple remains legally separated for two years, the court may grant a divorce automatically upon request. Before making this transition, consider how your financial, emotional, and personal circumstances may have evolved.
Whether you’re considering legal separation or divorce, consulting a divorce lawyer can help you navigate the complexities of the legal process. A knowledgeable attorney can explain the implications of each option and ensure fair and enforceable agreements.
At Gevurtz & Menashe, we understand how challenging this decision can be. Our team is here to offer compassionate, knowledgeable support so you can move forward with confidence. If you’re facing this choice, we encourage you to schedule a consultation to explore your options and protect your future.
