These couples may have strong religious beliefs against divorce. Or they want to keep the family legally intact because children are involved. Other couples may worry about health insurance coverage for the children or themselves. Keep in mind that a legal separation order in the state of Missouri is not a divorce decree. In other words, a legally separated couple is always husband and wife. Even a legally separated couple continues to be obligated to their children (if any) in terms of support and responsibility, namely the maintenance of the child. A legally separated couple in Missouri is also responsible for their spouses, although they still live apart. Thus, debts, bills, assets and any other expenses or credits that each spouse has; is the responsibility of the other spouse. The way the state legislature drafted the law suggests that a court can refuse to grant divorce to a person seeking divorce and grant them legal separation instead. It doesn`t happen often.
When spouses argue in court, it is often a sign that their marriage cannot be preserved. The courts can grant legal separations to people who have reached an agreement on how to divide their property, settle custody of children and regulate other issues that arise during a divorce. A couple could go to court if they can`t agree on the terms of their separation, or if one spouse wants a divorce and the other doesn`t. Missouri courts encourage couples to do whatever it takes to reach an agreement. Legal separation or separate alimony, as it is known in Missouri, states that a Missouri court can issue an order that would legally separate the parties while maintaining their legally recognized marital status, according to FindLaw.com. Like divorce, legal separation can present similar problems such as: After the application is filed, 30 days must pass before the legal separation is pronounced by the court. A separate maintenance decision gives the couple legal protection similar to that of a divorce without formally ending the marriage. Legal separation is an appropriate alternative to divorce if the couple hopes for reconciliation. The separation verdict must simply be rejected to allow for full reconciliation, as the couple remains married.
If a relationship is irreparably broken, divorce is not the only option. Instead, legal separation may be a viable or even attractive option. Missouri separation proceedings begin when one of the spouses files a separate application for child support. The court will make a judgment on legal separation if it finds that there is a reasonable likelihood that the marriage can be continued and that the marriage will not be irretrievably broken. The action also means that the court, to the extent that it has jurisdiction, has considered and regulated the custody and maintenance of each child, the maintenance of one of the spouses and the disposition of property. As mentioned earlier, a separate maintenance agreement can be terminated if both parties reconcile their marriage. Conversely, a petition for divorce can be filed within 90 days of legal separation in Missouri. People considering filing for divorce in Missouri should weigh their options very carefully. A divorce ends the marital relationship forever.
For some couples who are going through difficulties in their marriage, the purpose of divorce may not be the best way to proceed. Missouri law allows couples to enter into marital separation agreements that give them some distance from each other without ending the marriage completely. Some couples must remain married for financial or other reasons. Others want to try legal separation before divorce. If you`re considering divorce, a separation attorney with experience in Kansas City`s family court system can help you understand the difference between legal separation and divorce and advise you on the options that work best for you. There are many different reasons why a couple prefers separation to divorce. Some couples may believe that reconciliation is possible and simply use legal separation as an opportunity to re-evaluate their marriage. Other couples choose to separate for religious reasons because their faith prohibits divorce. To apply for legal separation, one or both parties must file an application with their district court. Once the application is filed, the court issues a judgment of legal separation if it finds that there is a reasonable probability that the marriage can be saved and that the marriage has not been irretrievably broken. Currently, custody and visitation orders are issued, along with considerations on alimony, child support and division of property. The term “legal separation” has different meanings in different jurisdictions.
What is a legal separation in Missouri and St. Louis? In some places, legal separation involves little more than a married couple living apart. This is not the case under Missouri law. In Missouri, a legal separation is a formalized separation recognized by the courts. A separated couple may share property or owe spousal support while remaining legally married. The Missouri legal separation petition is filed in the residential district of one of the spouses and may be transferred to the county where the defendant resides if that county was the residence of their children in the 90 days immediately preceding the filing. On the other hand, the best interests of the children are served if the case is transferred to the defendant`s residential district, if the children and at least one parent have a substantial connection to the county, and if there is substantial evidence of the children`s current or future protection, personal relationships, and care. The judge in charge of the case will issue a separation agreement based on certain factors. These factors include the division of property, the determination of custody of minor children, and the division of assets and debts. The separation agreement often includes a custody agreement. Missouri courts will use the best interests of the child to determine where he or she lives. Section 452.310 of the revised Missouri statutes states that the petition must include the date and place of marriage, as well as the date of physical separation.
It must also determine the age and names of the children, as well as any agreements the couple has regarding financial support and child care. It is important to note that a petition does not require the dissolution of the marriage. Spouses can use the legal separation process to resolve issues such as marital property and custody without divorce. They might do this if there is pressure on the relationship, but they don`t want to end the marriage just yet. The legal separation may be annulled if the parties decide to come together. If one or both spouses decide to divorce, the separation decree should cover most important issues. After 30 days, in most cases, the court grants legal separation. As a result, the couple enjoys all the legal protections of a divorce without ending their marriage. If the couple reconciles at some point, the court may reject the separation and the couple will then be considered legally married again. Considering divorce is a serious decision, and it may be one that you or your spouse are not quite ready to make. However, when the issue of divorce comes into play, certain aspects need to be worked on in a marriage for it to work. For this reason, some couples choose to file for legal separation in Missouri instead of divorcing immediately.
There are many ways a separation can affect a married couple. Once the separation order is signed by the judge, both spouses are prevented from remarrying, incurring large debts or selling matrimonial property.
