Missouri’s Legal Separation
In Missouri, legal separation is a decree to live apart but remain married. This type of status is as essential as a divorce for some couples, with legal separation also offering a way out of a problematic marriage without the complete break that a divorce can impose on them.
Many people think of a legal separation as being the same as a divorce, and from a factual standpoint, they are similar enough. The difference is only in the language. One word means the relationship is over; the other indicates only a temporary dissolution. A legal separation is a good option for those who need some time away from their spouse before deciding to get divorced.
It’s important to understand the concept of a legal separation before filing. Legally separating can result in obligations under law that you did not foresee. Child support , alimony, and health insurance responsibilities can result from a simple request for separation. Necessary loans, mortgages, business debts, and other obligations will need to be redistributed during the legal separation. Missouri couples should think of themselves as completely divorced once legally separated, to avoid issues down the road. Child support obligations certainly do not stop just because a couple is separated. Even if child custody and child support are deferred until later, those obligations will become a factor in any divorce or separation.
Legal Separation Requirements
A legal separation in Missouri requires the agreement of both parties. One party can make the request, but if the other party does not consent to it, the Court cannot grant a legal separation unless all of the requirements for a dissolution of marriage have been met. Even if both parties agree to a legal separation, the Court will not grant a legal separation unless both parties meet all of the following requirements:
- At least one party has been a resident of the state of Missouri for at least 90 days before filing the proceeding;
- The marriage must be irretrievably broken;
- All marriage counseling guidelines must have been met and at least 30 days have passed from the time the parties began counseling; and
- There will be no financial or social injustice to either party in the court’s award of maintenance.
If any of the above requirements are not met, the Court will only grant a dissolution of marriage.
Pros and Cons of Legal Separation
Like divorce, legal separation in Missouri involves a filing with the courts and the engagement of divorce attorneys. However, an important distinction exists between legal separation and divorce. When a couple legally separates, they settle all of their legal matters with the courts, which means that they have a legally enforceable settlement agreement similar in many respects to that for a divorce.
Both have their upsides and downsides—among the benefits of being legally separated are: Some separations can help couples decide if they can live apart long-term. This can be beneficial for couples that have lived together for many years and don’t want to take the final step in a divorce but believe in their hearts that they will eventually divorce. Some couples may face religious convictions about getting a divorce, which may make legal separation a close second to divorce. If this is the case, they should seek advice from a trusted church leader and also seek legal and financial advice about the divorce process. On the other hand, there are drawbacks to legal separation, such as: If it is becoming increasingly difficult to maintain the status quo in a marriage, legal separation is a viable option that some married couples agree to as a step in deciding whether to move forward to divorce.
Filing for Legal Separation
The process of filing for legal separation in Missouri involves several steps that must be completed before the separation can be finalized. The first step is to file a Petition for Legal Separation with the court. In Missouri, this can be done by downloading the form from the court’s website, or purchasing one from a local office supply store. The form must be filled out and signed, and then filed with the appropriate court. After the petition has been filed, the other party must be served with divorce papers.
Once the other party has been served, a Response to the Petition must be filed within 30 days. This form also can be downloaded from the court’s website. This is essentially a simple form saying that the petitioner has been served with the divorce papers.
The next step in filing for legal separation in Missouri is to attend a mediation. This is required under Missouri law to address the concerns of both parties. The mediation generally takes a few hours, and is required to be completely both parties have agreed to the terms of the legal separation.
After the mediator has drafted the legal separation, it must be signed by both parties and filed with the court. Once this has been done, the judge will review the terms of the separation. If the judge approves the terms, the legal separation now is confirmed, although it is not a divorce, entitling both spouses to the benefits of being legally separated. After 90 days of being separated, either party can file for divorce.
Legal Separation vs Divorce
The major difference between legal separation and divorce is not so much the process, but the outcome. Missouri law regarding legal separation and divorce is identical at its core. In Missouri, there is no specific process to achieve a legal separation. In terms of the judiciary, a legal separation is simply a "divorce lite". The process for both legal separation and divorce is essentially the same, and you are bound to follow the same circuit courts rules. You and your spouse must file identical forms. You will still divide personal property, debts, and assets. If you have children, you must submit the same plans, give the same information, and follow the same processes. Even the judges are often inclined to treat them as the same sort of action. Although there is no real difference with the process, there will be a difference in the end result. A legal separation is just that, until you agree to make it a full divorce or a court orders a full divorce you are legally separated. You may not remarry, but you are legally no longer married in the eyes of Missouri law. You must continue to pay any debts from prior to the date of separation, but you may not incur further debt together beyond your existing debts . As soon as you are legally separated you have a substantial separation of your finances. This means that anything you obtain after your legal separation is yours and your spouse does not have a claim of interest in it. Your property still must be divided, and items that are listed as marital property such as bank accounts, cars, and furniture must be divided once you file for divorce; however, after that legal separation, the courts look at your assets very differently than they do with a divorce. If you have children, a court will issue child custody orders, a parenting plan, and a child support obligation. Once you have those orders in place, you are free to live your lives. There are some requirements to follow, such as payments of monthly support and sharing custody equally, that must still be enforced unless both parties can agree to a different order. When a judge signs off on the orders for legal separation, they remain in effect until the legal separation is converted to a divorce or until the judge changes them. When you are granted a divorce, the court order becomes your divorce decree.
Agreements Related to Legal Separation
A legal separation agreement is very similar to a divorce agreement with the exception that you are not terminating the marriage. With a legal separation agreement, you are remaining married, but living separate lives. That means you are not filing a divorce case, but a legal separation case, asking the court simply to separate your financial lives. This type of case is very common for individuals who, for religious or financial reasons, prefer to avoid legal divorce.
A legal separation agreement can include the same types of provisions as a divorce agreement:
If you get a legal separation and want to convert it to a divorce, you can then file for divorce. Typically, you will attend mediation, if necessary, and follow the same process as you would have leading up to your first legal separation.
The only thing that changes when converting a legal separation to a divorce is one additional step in the finalization of the divorce. You will still have to attend court with your spouse. However, the court will enter an order of dissolution rather than an order of separation.
The biggest difference between a legal separation and divorce is that once the separation is finalized, you and your spouse are no longer married, even if you continue to live together under the same roof. A divorce creates a new set of relationships for everyone involved. If you have kids, those relationships are even more complex. When you are separated, you are still married. You and your spouse still have a commitment to each other and all the responsibilities that entails.
This is a complex issue and it is important to get financial and legal guidance to understand whether a legal separation would be beneficial based on your current circumstances. You may want to explore financial separation as well as marital separation.
Changing or Terminating a Legal Separation
If you decide to modify the terms of a separation agreement, remember that a legally separated spouse remains married to that person under Missouri law. You can also file a motion with the court to dissolve the separation and return to married status, without obtaining a divorce. Even if you think reconciling is a possibility, be aware that you still have some rights through your legal separation agreement. For example, you can still have a legally-binding separation agreement address matters such as:
If you don’t want to be legally separated anymore, you can file a motion with the court asking to be reinstated in a married status. You must be able to show that whatever caused your separation is now resolved and you are ready to live together as husband and wife again. You can file this motion regardless of whether you initiated the separation or not. The court with jurisdiction over your legal separation agreement can grant reinstatement on the terms you agree on. If an agreement cannot be reached, the court has the power to grant a dismissal, always with the goal of what’s in the best interests of any children affected.
Resources and Services
If you are considering or going through a legal separation in Missouri, there are a few places where you can seek legal advice and support.
Courts: The Missouri state court system has family law facilitators who can explain the process of legal separation, divorce, child custody, child support, and other family law matters. However, as non-attorneys, the facilitators cannot give you legal advice or represent you in court.
Law Schools: Many law schools in Missouri and across the U . S. offer free legal clinics where people can receive legal advice from law students who are supervised by licensed attorneys. To find a law school legal clinic near you, visit the ABA website at abalegalservices.org.
Public Libraries: Many public libraries have legal information centers, which are staffed by librarians who can help you locate legal books and self-help materials that can assist you in your family law case.