Legal separation, or separate support as it`s 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. Similar to divorce, legal separation can lead to problems similar to: There are a number of ways in which separation could 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. This is different from a divorce, which allows spouses to do these things after a marriage has ended. There are also financial reasons to opt for separation rather than divorce. When it comes to employment-based health insurance, a divorce can prevent one of the spouses from staying on the other spouse`s coverage. The decision to separate could save both parties unnecessary health care costs. Separation also allows a couple to continue filing joint tax returns, which in some cases could have significant financial benefits. Once the application has been submitted, 30 days must elapse before legal separation is granted by the court. A decision on separate alimony 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 has hope for reconciliation. The separation verdict must simply be rejected to allow for full reconciliation as the couple remains married. There are a number of benefits to legal separation, Missouri. For example, if you and your spouse own a home, the legal separation agreement specifies who will pay for what in addition to who will live in the house. When you rent a home, the relationship between landlord and tenant may also change with your legal separation. Home maintenance includes issues such as utilities, mortgage payments, and lawn care, which must be considered and described in a legal separation agreement: Who is responsible for what part of the maintenance of the home? Ultimately, the process of legal separation is vast and requires coverage of most of the same problems that the couple would have to solve if they divorced. However, the couple will remain legally married. If they decide to divorce in the future, they must review their marriage separation order to decide whether the same conditions should apply to the divorce.
Most couples who use legal separation as a springboard for a future divorce only have to cover a few open-ended questions to complete the divorce process. The reasons why a couple chooses legal separation over divorce can vary. For some people, this option is ideal for completely separating the marital relationship. If you`re considering a separation or divorce, let J. Rench Law Firm, LLC advise you on your legal options. Considering divorce is a serious decision, and you or your spouse may not be ready yet. However, when the issue of divorce comes into play, there may be certain aspects that one needs to work on in a marriage for it to work. For this reason, some couples choose to seek legal separation in Missouri instead of divorcing immediately. Missouri does not require a couple to prove the reasons for legal separation.
However, if one of the spouses refuses to grant the requested separation at the applicant`s request, the reasons must be proven to proceed with the separation. Just like a divorce, these reasons include: A separation judgment is more flexible than a divorce judgment. If the couple performs the legal separation and later realizes that one aspect of their separation needs to be changed, it is usually easy to achieve this with the consent of both spouses. A court separation order will likely include the determination of custody, the terms of the division of property, and an agreement regarding spousal support. These conditions are legally enforceable, but both spouses have the right to request reasonable changes. This can be a good step for couples who are struggling but are not ready to give it up completely. A Legal Separation Missouri creates safeguards to protect the financial and legal rights of both parties and other family members involved, but this is not a definitive end to the marriage. Legal separation is a little less than divorce, but it can provide many of the same legal protections.
This process could allow you and your spouse to test the waters of the end of your relationship without formally dissolving the marriage. It can also provide financial benefits to couples who benefit financially from staying married even if the relationship has collapsed. Remember that a judicial 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 is still obligated towards their children (if any) in terms of support and responsibility, namely family allowances. A legally separated couple in Missouri is also responsible for their spouses, although they still live separately. Thus, debts, bills, assets and any other expenses or loans that each spouse has; is the responsibility of the other spouse. Legal separation laws vary from state to state, and all midwestern states have unique laws that you should refer to if you intend to seek legal separation. An experienced Midwestern family law attorney is the best resource one can have in this situation. Contact a trusted family law lawyer to learn more about the potential benefits of legal separation and what to expect in your proceedings. Most importantly, a legal separation agreement protects you from being liable for debts your spouse incurred during the separation period if you live in a state of equitable distribution.
You do not have this protection under a legal separation agreement if you live in a state belonging to the community. To be honest, a married couple may view legal separation as an informal divorce decree. Although they are different, a separation agreement is exactly the same as a divorce decree. The only difference between the two is that a separation order does not end the legal norm of marriage for each spouse. However, a divorce decree ends the legal norm of marriage and the spouses are no longer responsible for each other. Divorce does not carry the same shame or stigma as in our society, especially for women, but it was once a common reason why people legally separated rather than divorced. That is, some people still prefer legal separation to divorce for religious or cultural reasons. It allows spouses to separate while remaining officially married.
However, they cannot remarry. Missouri is a state that favors legal separation as opposed to divorce. For this reason, the process is quite simple and quick, especially if you are working with an experienced divorce lawyer. While some couples may be able to apply for separate support without the help of a lawyer, it is always in the best interests of both parties to first consult with a divorce lawyer in Springfield if there are any ownership, maintenance or custody issues that need to be resolved. If you are considering a divorce or legal separation in Missouri, it is important that you seek the advice of an experienced family law attorney in Missouri. Do not hesitate to contact our office today for a consultation to discuss the details of your situation.