Oregon
Legal Separation in Oregon: Grounds, Orders and Divorce Conversion
Independently fact-checked against primary sources (last audited October 8, 2026). · 4 primary sources cited on this page. How we verify our legal content
Yes. Oregon courts grant a judgment of separation under ORS 107.025(2), and it can be unlimited or last for a stated period. The court can decide custody, support and property, but the spouses stay married, and on a spouse's motion the court may convert the separation into a divorce within two years after the separation judgment is entered (ORS 107.465).
Information last verified on 2026-10-08. This article has not been reviewed by a licensed lawyer.
Jurisdiction scope: This article covers legal separation under Oregon Revised Statutes chapter 107 (mainly ORS 107.025, 107.036, 107.075, 107.105, 107.455, 107.465 and 107.475) and the separate support petition in ORS 108.110. It does not cover inheritance, tax or benefits effects of a separation, Oregon case law, or other states' law. For divorce grounds and residency, see Oregon divorce laws.
Does Oregon allow legal separation?
Yes. Under ORS 107.025, Oregon courts can render either a judgment of dissolution or a judgment of separation, and a separation can be "permanent or unlimited" or last for a period the court sets.
The Oregon Judicial Department's Clackamas County court explains the result this way: "A judgment of legal separation will decide issues of custody, parenting time, support, property and debt distribution, while parties remain married/registered partners."
Grounds for legal separation in Oregon
ORS 107.025(2) allows a judgment of separation in three situations:
- irreconcilable differences between the spouses have caused a temporary or unlimited breakdown of the marriage;
- the spouses file an agreement suspending, for not less than one year, their obligation to live together, and the court finds it just and equitable; or
- in the words of ORS 107.025(2)(c), "Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest."
Fault plays no part. Under ORS 107.036(1), "The doctrines of fault and of in pari delicto are abolished in suits for the annulment or dissolution of a marriage or for separation."
Residency for legal separation
ORS 107.075(3) provides: "In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced." The subsection sets no six-month period for a separation suit.
A divorce has its own residency rules in ORS 107.075. If you may later convert or file for divorce, see Oregon divorce laws.
What the court can order in a separation
ORS 107.105(1) applies the same list to annulment, dissolution and separation: "Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment:" custody, parenting time, child support, spousal support, delivery of personal property, and a division of real and personal property "as may be just and proper in all the circumstances."
Under that section, retirement plans are treated as property, and there is a rebuttable presumption that both spouses contributed equally to property acquired during the marriage. For support amounts and factors, see Oregon alimony laws; for parenting issues, see Oregon child custody laws.
Temporary orders. ORS 107.095(1) provides: "After the commencement of a suit for marital annulment, dissolution or separation and until a general judgment therein, the court may provide as follows:" and covers matters such as temporary support, costs, restraining orders and use of the home or property.
How long a separation lasts
Under ORS 107.475, "The court shall determine and fix in its judgment the duration of the separation. At the expiration of such time, the judgment shall have no further effect." ORS 107.036(4) likewise requires the judgment to state the duration. Rights that have already vested are not affected when it expires.
On motion, the court may renew or extend a separation. An unlimited separation may be modified or vacated on motion.
Converting a separation into a divorce
ORS 107.465 gives a two-year window: on motion and a show-cause order with at least 30 days' notice, "the court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage." The other spouse may consent in writing.
A separation does not lock either spouse in. Under ORS 107.455, "The entry of a judgment of separation under ORS 107.475 shall not be a bar to a suit for dissolution by either party." Oregon's ground for dissolution is irreconcilable differences that have caused the irremediable breakdown of the marriage (ORS 107.025(1)).
You stay married after a separation
A separation judgment does not end the marriage. ORS 107.115(1), which "restores the parties to the status of unmarried persons," is written for a judgment of annulment or dissolution. The Clackamas County court page likewise describes separated spouses as remaining married.
This page does not cover how a separation judgment affects inheritance, a will, beneficiary designations, taxes or health insurance. Ask an Oregon lawyer about those effects before relying on a separation.
Support without a separation case
A married person can ask for support without filing for divorce or separation. Under ORS 108.110(1), "Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both."
Oregon legal separation forms
The Oregon Judicial Department publishes forms for separation: a Petition for Separation with children, a Petition for Separation without children, matching Responses, and a Co-party Petition for spouses filing together. The Clackamas County legal separation page gives court self-help information. The circuit court clerk or family law facilitator can tell you which packet fits your case.
Disclaimer: This article provides general legal information about legal separation under Oregon law, ORS chapters 107 and 108. It is not legal advice. The information was verified on 2026-10-08, and the law can change. For advice about a specific situation, consult a lawyer licensed in Oregon or the circuit court's family law facilitator.
Related
- Legal separation laws in every state
- Oregon divorce laws
- Oregon alimony laws
- Oregon child custody laws
- Oregon child support laws
Last updated: 2026-10-08.
Frequently Asked Questions
What is the difference between legal separation and divorce in Oregon?
Both can settle custody, support and property under ORS 107.105, but a separation leaves the spouses married. Only a judgment of annulment or dissolution restores unmarried status under ORS 107.115(1).
How long do you have to live in Oregon to get a legal separation?
ORS 107.075(3) requires one spouse to be a resident of or domiciled in Oregon when the suit is commenced. It sets no six-month period for separation.
Can a legal separation be turned into a divorce in Oregon?
Yes. Under ORS 107.465, the court may convert a separation judgment into a dissolution within two years after it was entered, on motion with at least 30 days' notice.
Why would someone choose legal separation over divorce in Oregon?
ORS 107.025(2)(c) recognizes separation where staying married protects a legal, financial, social or religious interest. A separation can also be for a set period, after which it has no further effect (ORS 107.475).
Can I get spousal support in an Oregon legal separation?
Yes, the court may order it. ORS 107.105(1) lets the court provide for spousal support, child support and a property division in a judgment of separation.
Do I have to prove fault to get a legal separation in Oregon?
No. ORS 107.036(1) abolishes the doctrine of fault in suits for separation, annulment and dissolution.
Updates
Independently fact-checked against the cited primary sources
The Law Behind This Article
This article rests on the statutory provisions below, held in our own legal record and retrieved from the official source. Tap a section to read the operative text.
Oregon Revised Statutes, Chapter 107: Marital Dissolution, Annulment and Separation; Mediation and Conciliation Services; Family Abuse Prevention
§ 107.025Irreconcilable differences as grounds for dissolution or separationIn forcecited in 2 of our articles
(1) A judgment for the dissolution of a marriage or a permanent or unlimited separation may be rendered when irreconcilable differences between the parties have caused the irremediable breakdown of the marriage. (2) A judgment for separation may be rendered when: (a) Irreconcilable differences between the parties have caused a temporary or unlimited breakdown of the marriage; (b) The parties make and file with the court an agreement suspending for a period not less than one year their obligation to live together as spouses, and the court finds such agreement to be just and equitable; or (c) Irreconcilable differences exist between the parties and the continuation of their status as married persons preserves or protects legal, financial, social or religious interest.
Official text (excerpt) · last checked 2026-09-05 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 11 court opinions in our collectionLatest citing opinion in our collection: 2012
Opinions citing this section in our collection:
- In Re the Dissolution of the Marriage of Dunn (Court of Appeals of Oregon 1973, 13 Or. App. 497)“…t such differences were irremediable, within the meaning of ORS 107.025. ORS 107.025 is probably the key…”
- Graziano v. City Council of Canby (Court of Appeals of Oregon 1978, 35 Or. App. 271)“…borrowed by the author from the law of domestic relations. ORS 107.025 provides: "(1) The dissolution of a…”
- Matter of Marriage of Ballard (Court of Appeals of Oregon 1988, 93 Or. App. 463)“…he irremediable breakdown of the marriage. See ORS 107.025(1). It found that “[husband] luc…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Divorce Laws (2026): Grounds, Residency, and Process
§ 107.465Conversion of judgment of separation into judgment of dissolutionIn force
(1) Upon motion of a party for an order to show cause why a judgment of separation should not be converted to a judgment of dissolution and after service of notice to the other party at least 30 days before the scheduled hearing, the court may, within two years after the entry of a judgment of separation, convert a judgment of separation into a judgment of dissolution of the marriage. The other party may file a written consent to conversion and waiver of the hearing at any time before the hearing. A supplemental judgment of dissolution entered under this section does not set aside, alter or modify any part of the judgment of separation that has created or granted rights that have vested. (2) Nothing in this section is intended to prevent either party to a judgment of separation from commencing at any time in the manner required by law a suit for dissolution of the marriage. [1973 c.502 §16; 1999 c.569 §5; 2003 c.576 §127] 107.475 Court to determine duration of separation; modification or vacation of judgment. The court shall determine and fix in its judgment the duration of the separation. At the expiration of such time, the judgment shall have no further effect.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
§ 107.075Residence requirementsIn forcecited in 3 of our articles
(1) If the marriage was solemnized in this state and either party is a resident of or domiciled in the state at the time the suit is commenced, a suit for its annulment or dissolution may be maintained where the ground alleged is one set forth in ORS 106.020 or 107.015. (2) When the marriage was not solemnized in this state or when any ground other than set forth in ORS 106.020 or 107.015 is alleged, at least one party must be a resident of or be domiciled in this state at the time the suit is commenced and continuously for a period of six months prior thereto. (3) In a suit for separation, one of the parties must be a resident of or domiciled in this state at the time the suit is commenced. (4) Residence or domicile under subsection (2) or (3) of this section is sufficient to give the court jurisdiction without regard to the place where the marriage was solemnized or where the cause of suit arose.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 9 court opinions in our collectionLatest citing opinion in our collection: 2021
Opinions citing this section in our collection:
- Matter of Marriage of Pirouzkar (Court of Appeals of Oregon 1981, 51 Or. App. 519)“…ion for dissolution. The trial court determined that, under ORS 107.075, one of the parties to a dissolution pr…”
- In the Matter of the Marriage of Goode (Court of Appeals of Oregon 2000, 165 Or. App. 327)“…uires domicile of at least one of the spouses in the forum, ORS 107.075, Kelley v. Kelley, 183 O…”
- In re the Marriage of Ewald (Court of Appeals of Oregon 2012, 254 Or. App. 170)“…g the filing of the dissolution petition, as required under ORS 107.075(2). 2 Complicating matters, on April 1…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Annulment Laws: Grounds, Deadlines and How to File (2026)
§ 107.105Provisions of judgmentIn forcecited in 6 of our articles
(1) Whenever the court renders a judgment of marital annulment, dissolution or separation, the court may provide in the judgment: (a) For the future care and custody, by one party or jointly, of all minor children of the parties born, adopted or conceived during the marriage and for minor children born to the parties prior to the marriage, as the court may deem just and proper under ORS 107.137. The court may hold a hearing to decide the custody issue prior to any other issues. When appropriate, the court shall recognize the value of close contact with both parents and encourage joint parental custody and joint responsibility for the welfare of the children. (b) For parenting time rights of the parent not having custody of such children and for visitation rights pursuant to a petition filed under ORS 109.119. When a parenting plan has been developed as required by ORS 107.102, the court shall review the parenting plan and, if approved, incorporate the parenting plan into the court’s final order. When incorporated into a final order, the parenting plan is determinative of parenting time rights.
Official text (excerpt) · last checked 2026-09-07 · Read the full text in our law library · Verify at oregonlegislature.gov
Cited in 865 court opinions in our collectionLatest citing opinion in our collection: 2026
Opinions citing this section in our collection:
- In Re the Dissolution of the Marriage of Grove (Oregon Supreme Court 1977, 280 Or. 341)“…s to address the following questions in argument: 1. ORS 107.105 (1) (c) defines certain factors which a…”
- In Re Marriage of Kunze (Oregon Supreme Court 2004, 337 Or. 122)“…n is whether a “just and proper” division of property under ORS 107.105(1)(f) (1997), set out post,…”
- Matter of Marriage of Pierson (Oregon Supreme Court 1982, 294 Or. 117)“…manner which is "just and proper in all the circumstances," ORS 107.105(1)(e). We extensively discussed our rev…”
Identified automatically from the court opinions citing this section — not a ranking of which case controls.
Also relied on in: Oregon Spousal Support (Alimony) Laws: How It Works (2026), Oregon Name Change Laws: No Publication, a Flat $124 Fee, and No Criminal Bar, Oregon Emancipation Laws: How to Get Emancipated in Oregon (2026)
Oregon Revised Statutes, Chapter 108
§ 108.110Petition for support of spouse and children; rulesIn force
(1) Any married person may apply to the circuit court of the county in which the married person resides or in which the spouse may be found for an order upon the spouse to provide for support of the married person or for the support of minor children and children attending school, or both, and, if the married person initiating the action for support is a woman who is pregnant, her unborn child, or both, if her spouse is the natural father of such children, children attending school or unborn child or if her spouse is the adoptive parent of such children or children attending school. The married person initiating the action for support may apply for the order by filing in such county a petition setting forth the facts and circumstances upon which the married person relies for such order. If satisfied that a just cause exists, the court shall direct that the married person’s spouse appear at a time set by the court to show cause why an order of support should not be entered in the matter. The provisions of ORS 107.108 apply to an order entered under this section for the support of a child attending school.
Official text (excerpt) · last checked 2026-07-29 · Read the full text in our law library · Verify at oregonlegislature.gov
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Sources and References
- Oregon Revised Statutes chapter 107 (ORS 107.025, 107.036, 107.075, 107.095, 107.105, 107.115, 107.455, 107.465, 107.475)(oregonlegislature.gov).gov
- Oregon Judicial Department, Clackamas County Circuit Court: Legal Separation self-help(courts.oregon.gov).gov
- Oregon Revised Statutes chapter 108 (ORS 108.110, support petition)(oregonlegislature.gov).gov
- Oregon Judicial Department, Family Law Forms: Separation(courts.oregon.gov).gov