When considering ending a marriage, the first option that often comes to mind is divorce. However, legal separation in Missouri is an alternative route for couples who want to take some time apart without officially ending their marriage.
While a legal separation may be a viable option for some couples, you should consult with a divorce attorney to determine what is the best choice for your specific situation.
Checkett, Pauly, Bay & Morgan will explore what legal separation entails in Missouri and how an attorney can guide you through the process.
Understanding Legal Separation in Missouri
Legal separation is an option that allows a couple to live separately but still remain legally married. It is a viable alternative for couples who don't want to file for divorce yet but need to separate from each other. In Missouri, legal separation is recognized by the court and has the same legal effect as a divorce.
When a couple chooses to legally separate, they must file a petition in court. The court will then issue an order which outlines the terms of the separation. This order may address issues such as spousal support, child custody, and child support.
Legal separation is more legally binding than a trial separation. A trial separation is an informal arrangement between spouses, while a legal separation is a formal legal process that requires court intervention.
Legal separation can provide couples with time to work on their issues and try to reconcile. It can also help protect each spouse's interests, such as their financial assets or their ability to make decisions about their children.
Reasons for Choosing Legal Separation
Some common reasons why couples may choose legal separation:
1. Financial concerns: Legal separation can help protect one spouse from the other’s debts, liabilities, or financial decisions. This is important if one spouse has a large amount of debt or is at risk of defaulting on a loan.
2. Religious or moral beliefs: Some couples may not believe in divorce due to their religious or moral values. Legal separation provides an alternative that allows them to live apart while still remaining married in the eyes of their community.
3. Trial separation: Couples unsure about whether they want to divorce may choose legal separation as a trial period. This gives them the opportunity to live apart and evaluate their feelings and relationship without making a final decision.
4. Health insurance: In some cases, a couple may choose legal separation so that one spouse can continue to receive health insurance benefits through the other’s employer.
5. Parenting concerns: Legal separation can provide a structured plan for child custody, visitation, and support without ending the marriage. This may be helpful for couples who want to focus on co-parenting without the added stress of a divorce.
Overall, legal separation can be a good option for couples who want to separate but aren’t ready to divorce yet.
Differences Between Legal Separation & Divorce in Missouri
While both involve the division of assets and the establishment of child custody and support arrangements, there are some key distinctions to consider. Here are the main differences between legal separation and divorce in Missouri:
Status of Marriage
When you legally separate, you are still technically married, but you have a legal agreement in place that establishes your respective rights and responsibilities. In a divorce, your marriage is legally dissolved, and you are free to remarry.
Division of Property and Debt
In both legal separation and divorce, you will need to divide your assets and liabilities. However, in a legal separation, you may be able to negotiate a property settlement agreement with your spouse that allows you to retain ownership of certain assets and debts without having to sell them or divide them equally. In a divorce, all marital property and debt must be divided equally, according to Missouri’s equitable distribution laws.
Health Insurance and Social Security Benefits
If you are legally separated, you may be able to remain on your spouse’s health insurance policy and continue to receive Social Security benefits based on your spouse’s earnings. However, if you get divorced, you will likely lose these benefits.
Timeframe for Finalization
In Missouri, legal separations can be finalized relatively quickly without the need for a court hearing. In contrast, divorces can take several months or even years to finalize, depending on the complexity of the case.
Impact on Tax Filing Status
While legally separated, you can still file joint tax returns with your spouse, which may provide some tax benefits. However, if you get divorced, you will need to file separate tax returns and may lose some of these benefits.
Ultimately, whether legal separation or divorce is right for you will depend on your individual circumstances and goals. To explore your options and get expert legal advice, it is recommended to consult with a Missouri divorce attorney.
Legal Separation Attorneys in Joplin, Missouri
Checkett, Pauly, Bay & Morgan can help you understand the difference between legal separation and divorce and which is the best option for you. You are welcome to call for a free consultation at (417) 358-4049.