Realizing that divorce is the only way forward for your relationship can be a frustrating and overwhelming truth to accept. You may be reluctant to proceed with a divorce and might be interested in seeing if there are any other options before doing something so final. Depending on your situation and your spouse’s willingness to try, there may be options for you. A Missouri divorce lawyer can help you understand the distinction between legal separation and divorce.
What Is Legal Separation?
Legal separation and divorce are fairly similar processes that both ultimately result in a split between you and your spouse. The primary difference between the two is how that split is declared on paper. In a legal separation, you and your spouse would essentially end your marriage in every way except on paper. You would live separately, work out a child custody agreement, and even divide your assets equitably. However, you would still be married.
A legal separation does not officially end your marriage. It basically gives you and your spouse the opportunity to see what a divorce would look like. Everybody’s marital problems are different, and some feel that a divorce might not be the perfect solution to those problems. They want to know there are options, and a legal separation gives them the opportunity to test the waters of a divorce without officially going through with it.
In a legal separation, you and your spouse are still able to enjoy certain marital perks, like health insurance and social security, but with the personal space, you need to consider your immediate future. Deciding on legal separation can help you gain some perspective on everything and determine if divorce is the way forward or if you want to try and make things work. Legally, you cannot marry somebody else as you are still legally married to your spouse.
How to File for Legal Separation in Missouri
In Missouri, it is considerably easier to file for a legal separation than it is to file for a divorce. You may feel like the legal separation process feels like the divorce process, but there are a number of distinct differences. One of the most important ones to consider is the fact that you can always end a legal separation whenever you want, while a divorce is a final decree that you can’t just back out of if it no longer suits you. Here are the steps you would take for legal separation:
- File the petition. The legal separation process begins with the filing of the right petition. An experienced divorce lawyer can help you figure out how to file and, more importantly, when and where to file. Your petition should include the date and location that your marriage began, the date of separation, and any children you share with your partner. Make sure you file in the circuit court of the county in which you live.
- Serve the petition. Once the petition is filed with the right circuit court, it will then be served to your spouse. In the likely event that you and your spouse have already spoken about this decision, they shouldn’t be surprised to be served a petition for legal separation.
- Attend a hearing. Once your spouse formally responds to the petition, you will both need to attend a hearing to discuss the petition and resolve any issues. A judge will then issue orders related to the terms of the legal separation, particularly child custody, child support, and division of assets.
FAQs
Q: How Is Legal Separation Different From Divorce?
A: Legal separation is different from divorce because it allows the couple to stay legally married on paper while separating their lives and pursuing time apart. A legal separation can often be seen as a trial run for a divorce, allowing both partners to assess their situation and determine if a divorce is something they really want. You can always end a legal separation when you feel it’s run its course, which you cannot do with a divorce.
Q: Will I Need to Hire a Lawyer for My Legal Separation?
A: No, you do not need to hire a lawyer to pursue legal separation. If you want to handle everything on your own without a lawyer’s help, you are within your legal rights to do so. However, the process might seem daunting to some, and having someone by your side who understands the complexities and difficulties of divorce law can be of great benefit to you. It couldn’t hurt to have a lawyer look over your petition.
Q: What Are Some Advantages of Legal Separation?
A: There are multiple advantages of legal separation. One of the biggest advantages is that it isn’t permanent. If you determine that you have made a grave mistake in leaving your spouse, you can end the legal separation and try your hardest to patch things up. You also have access to some marital benefits like social security and health insurance throughout your legal separation.
Q: What Are Some Disadvantages of Legal Separation?
A: There may be multiple disadvantages of legal separation, depending on what you consider to be a disadvantage. The biggest one is that it doesn’t end your marriage legally. A legal separation is not a long-term alternative to a divorce. If you meet someone new during your separation and start a promising new relationship, you won’t be able to marry that person unless you officially end your first marriage with a divorce.
A Missouri Divorce Lawyer Can Help You
Determining whether or not to pursue a legal separation or a divorce is something you should work out with your partner. They may want something different, and it is important that you both get on the same page before moving forward with anything legal. If you have questions about how a legal separation can benefit or hinder you, don’t be afraid to contact a divorce lawyer and ask.
The legal team at Stange Law Firm can help you figure out a good course of action for your relationship. Contact us to speak to someone on our team who understands what kind of legal help you are going to need.
