Legal separation and divorce are two legal procedures that have similarities and differences. While a legal separation allows couples to live apart, divide assets and debts, and even establish child custody arrangements, it does not end the marriage. A divorce, on the other hand, completely dissolves the marriage.
In Oregon, if you have gone through a legal separation and want to get a divorce, there are certain procedures you need to follow. In this article, we will guide you through the process of converting a legal separation to a divorce in Oregon.
Understanding the Requirements
To convert a legal separation to a divorce in Oregon, you must meet certain requirements:
1. Residency: One of the requirements is that you or your spouse must have lived in Oregon for at least six months before filing for divorce. It is essential to establish this residency before proceeding with the conversion.
2. Waiting Period: Oregon has a mandatory waiting period of 90 days after filing for divorce. Therefore, it is crucial to be aware of this waiting period before expecting the finalization of your divorce.
3. Legal Grounds for Divorce: Another requirement is having legal grounds for divorce. These grounds for divorce can include irreconcilable differences or separation for at least one year.
The Procedure of Conversion
Now, let’s dive into the procedure for converting a legal separation to a divorce in Oregon. Here are the steps you need to follow:
1. Filing Divorce Papers
The first step is to file a Petition for Dissolution of Marriage. This document is of utmost importance as it outlines the reasons for pursuing a divorce, the grounds for divorce, and the desired outcomes from the divorce.
2. Notifying Your Spouse
Once you have filed the Petition for Dissolution of Marriage, it is essential to serve your spouse with a copy of the papers. This can be done through a process server or by mail. The notification process is crucial to ensure that both parties are informed and involved in the proceedings.
3. The Waiting Period
As previously mentioned, Oregon has a mandatory waiting period of 90 days after filing for divorce. This waiting period offers a window for negotiation and resolution of various issues related to the divorce, such as property division, spousal support, child custody, and child support. Utilize this time to reach mutually agreeable terms.
4. Finalizing the Divorce
After the 90-day waiting period, you can finalize the divorce by filing a Judgment of Dissolution of Marriage. This document solidifies the terms of the divorce and requires signatures from both spouses and the judge. Once the judgment is signed, the divorce is final and legally binding.
Conclusion
In conclusion, converting a legal separation to a divorce in Oregon involves meeting specific residency requirements and navigating through mandatory waiting periods. However, the process can be relatively straightforward when following the necessary procedures. It is advised to seek guidance and support from an experienced family law attorney who can ensure your rights are protected throughout the entire process. With their assistance, you can successfully convert your legal separation into a divorce and move forward with your life.