Tigard Legal Separation Lawyers
Separate Your Assets & Agree on Custody & Visitation with a Legal Separation in Oregon
If you and your spouse are separating and do not plan to file for divorce, a legal separation may be the right option for you. Legal separations are often used in cases where the spouses are not ready to end the marriage, but also do not want to continue living together as husband and wife. In this case, a couple may choose to live apart, but still wish to remain married.
A legal separation agreement can address the issues of child support, child custody, and spousal support, as well as the division of property. A legal separation agreement can be enforced by the court if divorce proceedings are later filed.
Do I Need a Legal Separation?
While not all couples who separate choose to file for a legal separation, there are some situations that make this option more attractive:
- If one spouse wants to remain in the marital home but the other does not, a legal separation agreement may be useful to determine the rights of each spouse
- If one spouse wants to keep the family pet but the other does not, a legal separation agreement may be useful to determine who gets the pet
- If one spouse wants to keep the family car but the other does not, a legal separation agreement may be useful to determine who gets the car
In general, a legal separation agreement can be used to address any issue that is related to the separation but not divorce. This includes child custody and child support, spousal support, division of property, and more.
Child Custody and Visitation in a Legal Separation
When deciding on child custody and visitation in a legal separation, the same factors the court will consider in a divorce will be taken into account. These include:
- the child's preference, if the child is old enough;
- each parent's ability to provide a meaningful relationship with the child;
- the child's primary place of residence;
- each parent's ability to provide for the child's needs;
- the physical, mental, and moral fitness of each parent;
- the child's interaction with the parents' extended families;
- the child's interaction with the parents' friends;
- the child's adjustment to home, school, and community;
- the child's developmental needs;
- the child's age and gender;
- any evidence of domestic violence.
If the parents cannot agree on a parenting plan, the court will make the decision based on the child's best interests. The court will also determine the child's primary place of residence, as in a divorce. As with a divorce, the court will consider all relevant factors when making this decision. This includes the child's relationship with each parent and the parents' ability to provide for the child's needs.
Contact Our Tigard Separation Lawyers Today
If you and your spouse are separating and are unsure about your next steps, contact our Tigard legal separation attorneys at Rose L. Hubbard, Attorney at Law. We can help you understand your options and decide on the best course of action. We are here to help you and your family.