Legal Separation can provide an amicable outcome for you and your partner.
As an alternative to divorce, you may feel that a legal separation is best for your relationship. The difference between a divorce and legal separation is that legal separation does not end your marriage. It allows you and your significant other to live apart from one another, and potentially enter into an agreement to address many of the same issues you would face during a divorce.
Issues Addressed during Legal Separation
A key difference between divorce and legal separation under Missouri law is that you must allege that your marriage is not irretrievably broken. Instead, you may want to separate due to the challenges of marriage, but have financial or religious concerns associated with a divorce. During a legal separation, the parties have flexibility to determine whether they want to move forward with a divorce or reconcile, while ensuring some of the big-picture issues are resolved.
The parties are free to negotiate and enter into an agreement to resolve these issues. By doing so, the parties protect their interests until they determine whether to divorce. Additionally, the parties may enter into an agreement to set forth their intentions on these issues if a divorce later occurs.
Legal Separation may address:
Child Custody
Child Support
Child Visitation
Spousal Support
Property Division
Advantages of Legal Separation in Missouri
Converting a Legal Separation into a Divorce
Many parties find that an additional benefit to a legal separation is the option to convert a separation into a divorce. If they are unable to reconcile and later decide to divorce, Missouri’s statutory framework allows the legal separation order to be converted to a divorce order. This may be completed after 90 days from the issuance of a decree of legal separation.
For more information on the divorce process, please visit our page on Divorce.
Missouri’s Statutory Requirements for a Legal Separation
Missouri’s Statutory Requirements for a Legal Separation
As set forth more fully in RSMo. §452.305, the Court shall enter a judgment of legal separation if:
(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
(2) The court finds that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and
(3) To the extent it has jurisdiction, the court has considered and made provision for the custody and the support of each child, the maintenance of either spouse and the disposition of property.
As set forth more fully in RSMo. §452.305, the Court shall enter a judgment of legal separation if:
(1) The court finds that one of the parties has been a resident of this state, or is a member of the armed services who has been stationed in this state, for ninety days immediately preceding the commencement of the proceeding and that thirty days have elapsed since the filing of the petition; and
(2) The court finds that there remains a reasonable likelihood that the marriage can be preserved and that therefore the marriage is not irretrievably broken; and
(3) To the extent it has jurisdiction, the court has considered and made provision for the custody and the support of each child, the maintenance of either spouse and the disposition of property.
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Looking for information about divorce? Check out our info on Divorce in Missouri. No matter what avenue you choose, we want to help make your journey easier.