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Legal separation in Missouri


Couples pursuing legal separation tend to argue and disagree on many things. However, they seem to agree not to give up on their marriage. Some teams do not go straight to getting divorced if they are in communities that do not support it. Others will believe in religion and cannot pursue divorce as the first option. For this reason, legal separation becomes the best option to rescue the marriage.

It is said that most couples do not realize that once trust is broken through the act of infidelity, it can never be mended. It also sets the ground for separation or divorce. Other reasons break a marriage and provide a divorce background. However, when the two are willing to mend their marriage, they have the support of Missouri laws. People taking a cooling-off period from their partners have time to collect and correct themselves.

A legal separation allows a couple to live separately under the law, though technically married. They have the power to decide whether they will pursue divorce or reconcile. If a couple has been legally separated, they can opt to seek divorce. Most people do not know where to begin if they intend to pursue a legal separation. You may have many questions, and this article contains all the answers you seek.

What is the legal separation in Missouri?


Legal separation in Missouri refers to a formalized process determined in a court of law. The court does not recognize the term legal separation, known as separate maintenance. Couples who are considering divorce are advised to get legally separated first. The law reckons that some couples who have previously been separated have successfully worked on their marriages. When a marriage is troubled and on the verge of sinking, a couple should take time to cool and regain stability in their marriage.

How to file for legal separation in Missouri?


A few documents are required when filing for a legal separation in Missouri. There is also a process that starts with the complainant filing for maintenance support. The court examines the reasons for the filing to find the legal ground. If the court finds no fault, then the marriage is retained. In cases where the court finds a need for legal separation, it also ensures ruling on issues about children has been settled. It is a requirement that a minimum of 30 days pass before the court grants legal separation.

Like divorce, the couple attains legal protection once the verdict has been readout. The marriage is not ended, thus giving the couple time to work on their marriage as long as there is hope. When the couple agrees to reconcile, the court dismisses the separate maintenance immediately.

Benefits of legal separation in Missouri


Legal separation gives a couple some benefits once they choose to stay legally married but under legal separation. Legal separation comes with guidelines on how to go about specific issues involving debt, utility bills, and more. More advantages to enjoy when legally separated include:

Disadvantages of legal separation in Missouri


Though this process gives couples hope of a renewed marriage, it may also have its disadvantages. It is essential to consider each point carefully, seeing that you intend to be legally separated.

Legal separation vs. Divorce in Missouri


Every marriage is known to be unique since every individual is unique. This makes the trouble in marriages unique and different. When a couple encounters problems in their marriage, they are expected to settle them. However, at times the situations are dire and can only be resolved when the couple results in either a legal separation or a divorce. Here is a comparison of the two processes.

How long does legal separation take in Missouri?


Legal separation being a judicial procedure, it is essential to start the process without expecting an immediate process. If a couple is able to agree on how to settle issues fast, the process will also take minimal time. Most cases are delayed since there is contention on some problems. When the couple makes a separation agreement fast, the process takes relatively 4 to 6 months. Coming to an agreement is not easy, considering the state of the marriage. The help of an attorney can be sought. They will offer legal guidance and help in preparing everything for filing.

How much can it cost to file for legal separation in Missouri?


There are multiple counties in Missouri where legal separation can be filed. The charges may vary from one county to another. The person filing for legal separation will incur roughly $200. Additionally, approximately $25 is required for the sheriff as a fee for serving the paper. Take note of the exact address of your spouse since charges may go up when unsure.

Another cost incurred with legal separation pursuit is the attorney fee. They charge on an hourly rate basis, and the cost of each hour depends on their experience. A tip for choosing an attorney is to consider one who is excellent in legal separation cases.

Child custody and support in Missouri legal separation


Children may suffer a lot when their parents divorce or get a separation. Sometimes, the court will rule on the suitable parent to be with while it is against their wishes. The court will rule that one parent stays with the children and the other one is granted visitation rights. The custodial parent spends more time with the children and is not liable to pay for child support. The court requires the noncustodial parent to pay a certain percentage of their income.

Trial separation in Missouri


During a trial separation, the couple decides on their own will to stay separately. They set their own rules on child custody, support, spousal support, division of debts, liabilities, and assets. All agreements are verbal, and the process depends on the couple as the court does not participate. Most people have the trial separation period before going for legal separation. Some lucky couples will be able to reconcile after the trial period. If not, the guidance and protection of the court are granted for the team to be legally separated.

Do you need an attorney to file for Missouri legal separation?


An attorney's primary duty is to help people who have trouble understanding court requirements, terms, and processes. Attorneys are well experienced, from their day-to-day life in court, to go about any legal procedure. It is essential to involve an attorney from the point you decide to file for legal separation.

What is the Missouri separation agreement?


A separation agreement is a document that is legally recognized. It is prepared by the couple, with the help of an attorney present. The document states, in detail, how every issue should be solved. This document helps the court to quicken the legal separation period. This agreement should be well understood and signed by both parties.

How to prepare for Missouri legal separation


The separation agreement is essential for every couple whose marriage is on the rocks. Preparing this document requires a few tips that are:

When coming up with this document, the couple needs to remain honest. Address weaknesses that involve child custody and finances.

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