Feibleman Case Attorneys at Law - Family Law, Divorce, Estate Planning, Personal Injury, Alternative Dispute Resolution attorneys / lawyers in Oregon

Separation:

Many people ask us what the difference is between a divorce and a separation. A separation is when married people live apart without any court order defining their rights. This occurs before anyone has filed a court action and all agreements are totally unenforceable. A Legal Separation is when married people utilize the court system to define their rights and responsibilities to each other but still desire to remain married. A legal separation involves exactly the same issues as a divorce such as division of assets, awarding of support, child custody, etc. Except that when you go through the same paperwork, the same expense, the same litigation and the same emotional stress of a divorce, when you are all done....you are still married. So why do people do it? Some do it for religious reasons. Others are elderly and wish to preserve health insurance rights of a married person. Many think that filing a legal separation will "shock" the other person into straightening up. It is our experience that unless both parties plan jointly for a legal separation, the filing of one is met with a counter suit for divorce and it turns into a divorce.

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