Legal Separation In Missouri: How Is it Different Than Divorce?

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.

When Do You Need a Custody Lawyer?

If you are going through the process of divorce and there are children involved, you might be wondering if it is a good idea to have a custody lawyer. You aren't required to have legal counsel, and if you and your ex-spouse are on friendly terms and you agree on a custody setup, you may be able to work things out on your own. But there are times when it is a good idea to have legal representation during a custody case.

You and Your Ex Are Not on Good Terms

If you and your ex are not on speaking terms and can't even be in the same room together, it is a good idea to hire a lawyer. A lawyer can be a good mediator to keep you from having to speak directly with one another.

There Is Abuse

If you know of or suspect abuse against the children by your spouse, you absolutely must get a lawyer on your side. They will be able to help you navigate the law and act in the best interest of the children. This also includes if your ex-spouse has been abusive to you as well. If you can't afford a lawyer, you may be able to find resources for victims of abuse to ensure you and your children are protected. 

Your Ex Has A Lawyer

If your ex has hired an attorney, even if you are working things out amicably, you should hire a lawyer as well. It would be unfair to try and represent yourself against someone with extensive legal knowledge. Having equal counsel on your side can help any custody hearings to go smoothly.

Your Ex Is Moving Out of State

Custody laws can change from state to state, and hiring an attorney who understands the differences can be a huge help in setting up the best custody arrangement for your family.

Your Ex is Trying to Change the Agreement

If you and your ex had previously agreed on a custody arrangement that benefitted everyone equally, but now they are trying to change it, having a lawyer on your side could protect you.

Custody Attorneys in Joplin, Missouri

Checkett, Pauly, Bay & Morgan has navigated many custody cases and can help your family find the arrangement that works best for your children. You are welcome to call for a free consultation at (417) 358-4049.

Missouri Divorce Attorney FAQs

Divorce is never a pleasant topic, but it is necessary for those going through the process to understand their options and how to protect themselves and their children. The lawyers at Checkett, Pauly, Bay, and Morgan are experts in family law, including divorce law, and can answer some basic questions about divorces in Missouri.

What is a dissolution of marriage?

In the state of Missouri, a divorce is referred to by the courts as a “dissolution of marriage”. The word dissolution means “to dissolve,” so think of the term as dissolving the bonds of marriage.

What do I do to start the process of divorce?

To begin the divorce process, the spouse seeking the divorce must fill out a form called Petition for Dissolution of Marriage, as well as several other documents. These forms tell the court the details of the situation, including the reason for wanting the dissolution as well as how to divide child custody and shared property.

How long before a divorce is finalized?

The quicker both parties agree on everything, the quicker the process will be over. The case is finalized 30 days after the judge signs his judgment papers.

Do I need a lawyer to handle my divorce?

It is possible to represent yourself; however, being represented by a lawyer who is well versed in divorce and family law can help protect you from being taken advantage of and help you understand your rights.

Most people going through the dissolution process are understandably emotional and upset, and having a lawyer present can help you navigate the path more efficiently and speed up the process.

What is contested vs. uncontested?

In an uncontested divorce, both parties are able to come to an agreement on all major issues, especially those involving children. Agreeing on things like custody times, child support, and basic care needs for the child will speed up the dissolution process.

A contested divorce occurs when both parties can’t come to an agreement on one or more issues and depending on the level of disagreement, can become lengthy and complicated.

Do I have to prove fault to file for divorce?

Missouri is considered a no-fault state, meaning that you don’t have to have proof that either party was at fault for causing the divorce by something like infidelity. You simply have to prove to the court that your marriage is damaged beyond repair, and neither party can or wants to fix it.

Divorce Attorneys in Joplin MO

The lawyers at Checkett, Pauly, Bay, and Morgan can assist with Missouri dissolutions and family law issues, and we can guide the process to make it easier for you. Contact us today online or by calling (417) 358-4049

Missouri Child Support FAQs

Checkett, Pauly, Bay & Morgan serves families in the Carthage and Joplin areas, whether you need estate planning or are going through a divorce.

Today's blog answers several frequently asked questions about Missouri child support and how it could affect you.

How is Missouri child support calculated?

The state of Missouri court system uses Form No. 14, the Child Support Amount Calculation Worksheet, to determine how much money one parent owes to the other parent.

Factors for determining how much child support someone owes include:

1. Gross income for you and the other parent, which is the income before any taxes are taken out.

2. Then you figure adjusted gross income of both parties. This figure accounts for expenses, including expenses related to raising children.

3. Once you determine these numbers, divide the adjusted gross income of each parent by the total adjusted gross income of both spouses combined. This figure shows you the proportion each parent is responsible for as it relates to the child’s expenses.

Who pays child support in Missouri?

In typical cases, the non-custodial parent pays child support to the custodial parent, meaning the parent who has the child living with him or her receives the support payment.

A court system may order a non-custodial parent to pay child support in Missouri even if the custodial parent has sufficient income to support a child’s needs.

How is child support enforced in Missouri?

The Child Support Enforcement unit of the Missouri Family Support Division enforces court-ordered child support. The agency cannot enforce child support without a court order from a state judge.

At what age does child support stop in Missouri?

As soon as the child turns 18, unless the child is in school. If the child is attending college, Missouri child support may continue until the child turns 21.

Can Missouri child support be adjusted in the future?

Yes. The party asking for the adjustment must file a Motion to Modify Child Support with the court system in the county where the original support order originated. A judge can modify the amount of child support up or down, depending on the financial circumstances of both parents at the time of the motion.

Where can I find a a family law attorney in Joplin, MO?

Checkett, Pauly, Bay & Morgan can help you navigate family law issues that may arise with a divorce. Several factors are involved, and we understand that you’re hurt, emotionally raw, and want to get a divorce over as soon as you can. 

But a quick divorce is not always what happens, particularly with children involved. 

We assist residents of Joplin and the surrounding areas if they have concerns with Missouri child support.

Contact our law firm or call (417) 358-4049 for a free initial consultation.