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If the divorce is uncontested (if you and your spouse agree about all the terms of the divorce), you can probably get divorced without a trial. But if the divorce is contested, you will probably need a trial.
Legal Separation ?A judgment of separation may be issued when irreconcilable differences between the parties have caused the temporary or unlimited breakdown of the marriage. The main difference between a legal separation and a divorce is that spouses are still married after a legal sparation.
Unlike a void marriage, a voidable marriage requires a party to ask the court to annul the marriage based upon the alleged fraud, force, or circumstance which waived consent. This will result in a hearing whereby a judge will hear evidence to determine whether the statutory requirements of ORS 106.030 have been met.
In most cases of divorce in Oregon, the court will divide your total property evenly between you and your spouse. However, if one spouse can show that he/she contributed more to the acquisition of some of the marital property, then the court will divide your property in whatever way is found to be most just and proper.
In Oregon, you can easily convert your legal separation into a legal divorce (dissolution of marriage), thereby making all the terms of your legal separation final, within two years of the legal separation simply by filing a form (and incurring no additional fees.)
Legal Separation Process in Oregon Legal separation is best in situations where both parties agree to a separation. Because Oregon is a no-fault divorce state, either party who'd prefer a divorce to a legal separation can convert a legal separation proceeding into a divorce.
?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's consent to the marriage was obtained by force or fraud.
Dating during divorce, since the marriage is still legally intact, may technically constitute adultery. A lot of this revolves around the date of separation?when spouses no longer live together as a married couple and can freely begin new relationships. Like most states in the union, Oregon practices no-fault divorce.