Posted by Chip Gentry |
Married couples facing conflict can decide to separate. The decision could be long or short-term, depending on the nature of the dispute. In some cases, spouses will opt to file for legal separation. This could be due to legal reasons as well as a willingness to protect marital assets.
What is a legal separation? Legal separation is a legal division of marital assets and debts and can include the adoption of child custody and support provisions. A legal separation can be converted into a dissolution.
Are you considering filing for legal separation? The knowledgeable Jefferson City and Missouri Family Law Attorneys at Call & Gentry Law Group can answer any questions you have about the process.
Legal Separation in Missouri
Legal separation in Missouri is an alternative to divorce. Essentially, it involves issuing orders similar to those of a divorce, without terminating the marriage. This process is usually overseen by the courts.
To begin a legal separation case, one spouse must file a petition for Legal Separation. The court will enter judgment when it ascertains that the marriage is not beyond repair. It will then make provisions for child support, property distribution, and spousal maintenance.
A judgment of Legal Separation is only granted at least 30 days from the date of filing. Once this is done, the spouses are subject to all the legal protections that follow a divorce. However, they remain married. A dismissal of the legal separation will culminate in full reconciliation.
What Is the Difference Between a Separation and Divorce?
A legal separation order covers several issues covered in a divorce, such as alimony, child support, and property division. However, it does not dissolve or annul a marriage. The separated couples are not allowed to:
- Accrue marital debts
- Accrue marital assets
A divorce, on the other hand, is permanent. The ex-spouses are allowed to remarry and have no claim on each other’s income or personal property from then on.
Legal separation orders can be converted to a final divorce upon the motion of either party if at least 90 days have elapsed since the day of entry. On the other hand, the judgment of Legal Separation could be completely set aside upon the motion of both parties.
Talk to a Jefferson City and Missouri family law Attorney
Legal separation is an alternative to divorce. Aside from preserving the marriage, it also protects marital properties and the rights of any children involved.
If you have any questions about legal separation in Missouri, contact Call & Gentry Law Group. Our top Jefferson City and Missouri family law Attorneys are ready to guide you through the entire process. We will answer any questions you have and help protect your rights.