Love is beautiful, and falling in love gives one the best feeling. Both young and old, it brings some vibrancy into life, and you want to live life to the fullest. You feel lucky when you fall in love, and you want to be perfect for a moment. So you collect all your imperfections and stash them away where your new found love can never find them. This feels like holding your breath, and you cannot take it anymore within no time. The realization that you are not who you used to be hit harder than a hurricane. You want to be free from enslavement, but do you know how much it could hurt your partner?
Couples who get to this point often feel like they no longer know their partners. Others feel like they made a mistake in settling down with their partners. This point of realization is not sudden but gradual and leads the two to grow apart with each dawning day. One morning you realize you may be lying in bed with a stranger. This is a moment you need to be brave in order to take the next step.
It seems too obvious to go straightaway for divorce. What if there is another option that will even give you the chance to work on your marriage? This option, known as legal separation, will not dissolve a marriage like a divorce. Many people in Oregon have tried this option, with some being successful and others ending up getting divorced. There is a lot you need to know before filing for legal separation. You need to relax and read on for detailed information about legal separation.
Legal separation refers to a couple's process when faced with irreconcilable differences. The process involves a legal pursuit that does not end the marriage. It is purposed to make the marriage stronger through reconciliation. The judge will grant the separation for a limited period of time, for instance, six months or a year. When the period is over, the couple has the power to decide if they want to divorce or reconcile.
Pursuing this legal process can be a bountiful package where you encounter advantages. It is such a difficult time to be talking of advantages, right? However, let's look at what the process has to offer.
It is time to consider the disadvantages one is likely to encounter in the pursuit of legal separation. Couples who have been legally separated learn of the disadvantages after they have been separated legally. It is important to learn about them before starting the journey. They include:
Legal separation has a lot to offer couples with the hope of reconciling one day. There are many differences as well as similarities that we focus on.
Legal separation does not end a marriage; instead, the couple is required to stay separately for a period of time, and this will give room for reconciliation. Divorce ends right away after the legal procedures.
Because the marriage was not dissolved, the marital status was retained in a legal separation. This allows spouses to file taxes together, secure retirement benefits, and have the chance for inheritance. Divorce ends the spousal advantage instantly after the divorce nullification.
Divorce gives one the liberty to move on with their life intimately to remarrying. This is not the case for legal separation, where the couple is not allowed to remarry.
People who are divorced have a financial benefit where they get all properties divorced. After a legal separation, the couple were left entangled financially with one another. This is because they are technically married with a chance to reconcile.
Legal separation is a process where one needs to be patient after filing. It is ordinary for court cases to take a long time. However, the time taken is affected by unresolved issues. Oregon's legal separation will take an approximate time of 6-9 months. It is up to you and your spouse to ensure it does not take longer than normal.
The state of Oregon gives you the chance to be legally separated. However, this will come at a cost that one has to pay during filing. The cost of filing a divorce and filing a legal separation is the same. A filing fee of $300 is expected. This amount acts as court fees.
During the legal separation case, other expenses one is expected to cater to include attorney fees. The fee is paid depending on their hourly rate and how much they charge. This is a simple translation: the more time you take in the court, the more money you should be spending.
Child custody is sensitive and can affect their psychology if they end up in the wrong hands. This is why parents should be honest with one another and determine the most appropriate parent. Parents have the first say on their preference for child support and custody in the separation agreement. However, not all couples will agree on issues, especially at such a time.
This resulted in a ruling in the court giving direction on custody. When the court rules, it puts the child's needs as the priority. Custody is decided when children are below 18 years or have not yet completed college.
Child support is also important to consider when a couple is getting separated. The amount of support paid will depend on their income. It will also depend on the number of children in the marriage.
A trial separation describes a period of time when a couple takes time off from the marriage. It is informal and does not have the influence of the interference of the law or court. The couple should agree on all matters affected by separation. This kind of separation gives couples an upper hand in eliminating premature legal separation and divorce cases.
The need for an attorney depends on individual needs, though one is recommended to use attorney help. An attorney is important through the legal separation case because they offer a handout of the procedures necessary during the legal separation. They also make legal terms hard to understand and easily understandable by a layman. Attorney's help can come in handy when one is faced with unresolved issues in the separation agreement. They6 can act as mediators and unify the couple who met trying times in the marriage.
A separation agreement is a document intended to be prepared by a couple that is separating. The contents of this document will include details of how they would like certain issues to be addressed. Couples must remain true and trustworthy during the preparations so that they are fair to each party.
The law demands that the agreement be discussed and agreed upon in the presence of witnesses. The document should be signed and presented to the court during filing. The judge will assess and accept whether it is fair to both parties.
An agreement document helps a couple tone things down in the courts since they do not have to wash their dirty linens in public. It also helps to conclude the separation case faster without delays because all issues are resolved. A couple, who thinks chances of reconciliation are low and could opt for divorce, have an option of adopting it. Here are some important issues to be addressed in the separation agreement:
The separation document is legally binding. Anything discussed should be honored least a suit can be filed against the offender. In cases where an item cannot be divided, it is wise to let one party have it. Compensation may also be addressed. The document gives the couple time to meet and discuss important issues. One advantage it provides is to help the couple agree, as this can be the turning point of their misunderstanding.
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