Legal Separation
We help couples navigate legal separation with dignity, clarity, and a focus on long-term stability.
Legal Guidance when Life Changes
At Stannard and Batalden Family Law, we help clients navigate legal separation with the same care and precision we bring to divorce. Whether you’re unsure about ending your marriage or need to preserve benefits or boundaries while remaining legally married, we guide you through the process with clarity and respect.
What is Legal Separation in Oregon?
Legal separation allows married couples to live apart and establish formal legal arrangements, without dissolving the marriage. You remain legally married but can create enforceable court orders regarding child custody, parenting time, support, and property division.
Legal separation may be a long-term solution or a temporary step toward divorce. In Oregon, the process mirrors divorce in many ways, but with the flexibility to maintain certain marital rights and benefits.
Why Choose Legal Separation vs Divorce?
Every family is different. Legal separation may be the right choice if:
You want to live separately but maintain health insurance or military benefits
You’re guided by religious or cultural values that discourage divorce
You’re not yet ready to end your marriage legally
You want to explore what separate living looks like without finality
You and your spouse need time to resolve personal or financial issues
We help you determine whether legal separation aligns with your goals—and provide the legal framework to support that decision.
Do You Need a Lawyer for Legal Separation?
While it’s possible to file on your own, legal separation can involve complex rights—especially when children, shared property, or retirement accounts are involved.
An attorney ensures:
Your agreement is legally sound and enforceable
Your parenting and financial rights are protected
You avoid costly mistakes or misunderstandings
We help you take steady, informed steps toward the future—whatever that looks like for your family.
What To Expect from Our Team
We know that choosing legal separation is often a deeply personal decision. Our attorneys bring a thoughtful, steady approach to every case. We take time to understand your goals and protect your interests while keeping conflict and cost as low as possible.
With deep knowledge of Oregon family law and a client-first philosophy, we’re committed to helping you move forward with clarity and confidence.
“Mindy Stannard was Amazing! I was struggling with a custody battle of my two children. Not only did I get my children back but she helped put protect in place for their futures as minors.” — Victor
“Austin Batalden shepherded me through a protracted divorce with a lot of intricacies. Knowledgeable, calm, practical, able to help me protect my interests. Highly recommended.” — Cara
Frequently Asked Questions
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Either party may file a petition for separation without the other party’s permission. However, before a judgment is entered, either party may request the case be converted to grant a divorce, rather than a separation.
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Legal separation allows parties to remain married. In most cases, benefits available to a spouse may continue unless the court orders otherwise.
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It depends. Like other proceedings, if the parties are able to reach an agreement, the process can move quickly. However, when agreement is not possible, the process can often take up to a year, or longer, to fully resolve.
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Under Oregon law, legal separation can be either limited (e.g. 1 year, 2 years, etc.) or unlimited in duration.
Oregon law also allows up to two years from entry of a judgment of legal separation to convert the judgment to a judgment of dissolution of marriage (ORS 107.465).
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Not necessarily. The process for legal separation mirrors the process for divorce very closely. Similar to a divorce, the final costs primarily depend on the complexity of issues involved (e.g. division of assets/debts, support, custody, parenting time, etc.) and the level of disagreement between parties.
Get in touch.
We welcome inquiries and requests for consultations.
info@msabfamilylaw.com
(503) 564-7009
Hours:
Monday 8:30 AM–5 PM
Tuesday 8:30 AM–5 PM
Wednesday 8:30 AM–5 PM
Thursday 8:30 AM–5 PM
Friday 8:30 AM–5 PM
Saturday Closed
Sunday Closed
Our Service Areas
Portland, OR
West Slope, OR
Raleigh Hills, OR
Garden Home-Whitford, OR
Metzger, OR
West Haven-Sylvan, OR
Beaverton, OR
Hillsboro, OR
Cedar Hills, OR
Aloha, OR
St. Helens, OR
Huber, OR
Lake Oswego, OR
Tigard, OR
Wilsonville, OR
Oregon City, OR
Englewood, OR
McMinnville, OR