Legal separation is a legally recognized status in some states in which the spouses’ act of separating or living apart has legal consequences and changes the spouses’ rights and responsibilities. In some states the legal separation process is supervised by the court, which issues court orders for the parties to follow during their legal separation.
And in some states the spouses may enter into a written separation agreement that defines their rights and responsibilities during the separation period. Some states even require spouses to be separated for some period of time (e.g., one year) before they are able to divorce.
But some states—including Delaware, Florida, Georgia, Mississippi, Pennsylvania, and Texas—do not recognize legal separation, and the spouses are married, with the same rights and responsibilities, until they are divorced.
Laws regarding legal separation vary from state to state and are usually located in a state’s statutes—often in the family or domestic relations code.
In Oregon, legal separation is a legally recognized status that allows spouses to live apart while remaining legally married. The process of legal separation in Oregon is supervised by the court, which can issue orders regarding matters such as property division, spousal support, child custody, and child support. These orders are similar to those made in a divorce proceeding. Spouses may also enter into a separation agreement that outlines their rights and responsibilities during the separation period. Unlike some states, Oregon does not require spouses to be legally separated for any specific period before they can file for divorce. The laws governing legal separation in Oregon can be found in the state's family or domestic relations statutes. An attorney can provide specific guidance and representation in the process of obtaining a legal separation in Oregon.