Legal Separation in Missouri

If you really want to start a new life without your spouse but are prevented from getting a divorce due to religious, financial, or insurance reasons, there is another possibility short of divorce that you may want to consider: a legal separation.

Exploring the Alternative 

For people who have unique reasons that they wish to remain married (maybe they foresee a potential reunion down the road?), a legal separation may provide the relief needed to carry on a relatively independent life. There are some real benefits to a legal separation for those in the market for an alternative to divorce:

• Legal rights associated with being next of kin in the event of an accident or death may be preserved;
• A spouse who would otherwise be uninsured can remain on the working spouse’s health insurance policy;
• The desire to reunite requires only that a court dissolve the order for legal separation;
• Issues such as property division, custody and visitation, and support can be determined during a legal separation, and may be carried over into the divorce settlement if divorce is the ultimate outcome.

The Drawback to Legal Separation

 Probably the biggest disadvantage to a legal separation is that neither partner can legally marry someone else because the couple is still legally married to each other. For someone who wants to start over with a clean slate, that can be tricky.

Steps to Legal Separation 

A legal separation can be quite simple in Missouri.  A petition must be filed with the court, and the papers will be served to the other partner. After a waiting period of 30 days, during which a hearing will occur and mediation may be required, the court will usually grant the decree of separation.  It will include a document outlining the requirements for issues encountered in a separation—such as custody and visitation and so forth. In cases where complicated issues relating to children or property are involved, it could take longer.

Grounds for Legal Separation

 When both parties agree to the separation, no grounds are required. However, if one individual resists the action, grounds may be the only way to get the legal separation that is requested. Those grounds are similar to the grounds that might be used for divorce, including criminal misconduct, infidelity, abandonment, and so forth.

Your Legal Advocate 

If you are considering a legal separation, the dedicated, experienced Springfield family attorneys at Courtney & Mills can help.  We understand the complexities associated with any legal endeavor and are committed to making the experience as smooth and easy as possible, advocating for best outcomes for you at all times. To discuss your circumstances, schedule a confidential consultation in our Springfield office today.

Source:

courts.mo.gov/page.jsp?id=5114