What is the difference between legal separation and divorce in Oregon?
What is the difference between a legal separation and a divorce here in Oregon? Legal separation is very analogous to divorce. The primary difference between a legal separation and a divorce is that there are not irreconcilable differences. That means the differences between the parties will never get better on unlimited separation. What you're looking at is that there are reconcilable differences.
So what we're doing is we're basically conducting a full divorce process without impacting the marital relationship overall. So custody, parenting time, child support, property division, spousal support, those are all an issue. In a legal separation that can be converted to a divorce and end the marital relationship at any time on motion of either party within two years. After two years, it may be necessary in order to file your own disillusion proceeding. While an unlimited separation is pending, anyone can convert it to divorce, or anyone can file a petition for disillusion. The practical issues of an unlimited separation and where you see them most commonly is where there's some manner of religious component between the parties and the marital relationship needs to stay intact, although you still need the relief from the court for custody, parenting time, property division, spousal support, maybe some other ancillary issues. But the major decisions that are made within a legal separation are the same as in a disillusion, although we maintain the marital relationship.