Separation & Annulment

What is a separation?

  • A judgment of separation may be issued when irreconcilable differences between the parties have caused the temporary or unlimited breakdown of the marriage.
  • It is possible to divide assets and obtain a support order with a legal separation.
  • Because the spouses are still married after a separation, they may continue will their same insurance policy if desired.

What is the difference between a divorce and a separation?

  • The main difference between a legal separation and a divorce is that spouses are still married after a legal separation.
  • Divorce is unending, and legal separation may last for a specified period of time (such as one or two years) or until further action is sought in court (months, years or decades).
  • A legal separation may be converted to a divorce anytime before two years from the legal separation with no extra filing fee. A legal separation may be converted to a divorce later than two years after the legal separation as well, but you will have to pay another court filing fee

What is an annulment?

  • A judgment of annulment cancels the marriage, almost as though it never occurred.
  • Under Oregon law, a marriage may be annulled when a party was incapable of entering into or consenting to marriage because he or she was not of legal age or lacked sufficient understanding or a party‚Äôs consent to the marriage was obtained by force or fraud.
  • A marriage may also be annulled when a party to a marriage was married to someone else at the time of the marriage or if there was a procedural defect in the way the marriage was officiated or witnessed.

What is the process for getting a legal separation or an annulment?

  • The process for obtaining a legal separation or an annulment through ASOSU Student Legal Services is similar to dissolution of marriage. The fees are also the same, and are each $260.
  • You will only be required to wait 30 days from the date your spouse signs the Acceptance of Service (or is personally served) before a judge will sign the judgment of separation or annulment, assuming your spouse does not file a formal response to your petition.
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  • Call: 541-686-4890 | Fax: 541-344-6254

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