I’ve been practicing family law for over 40 years, and while many aspects of that practice have changed dramatically–the increase in shared parenting, same-sex marriage (and divorce), the rise of divorce mediation, just to name a few—one issue continues to be misunderstood by the clients who ask about it: legal separation.
What Most People Think Legal Separation Means
To most people, “legal separation” means a period of trial separation, during which the couple may try to work on their problems or may simply live apart from each other while they determine whether the marriage can be saved. In Missouri, however, legal separation has a distinct legal meaning.
How Missouri Law Defines Legal Separation
Missouri’s version of legal separation is identical in every almost every respect to a dissolution of marriage (which most people call “divorce”). The main difference between the two is that when a judgment of marital dissolution is entered, the two spouses are unmarried and each is free to marry a new spouse, but a judgment of legal separation keeps the two spouses married to each other and unable to remarry.
Filing for Legal Separation vs. Divorce in Missouri
To obtain either type of judgment, a petition needs to be filed in court. The sole difference between the two kinds of petitions is that a petition for dissolution will tell the court that the marriage is “irretrievably broken,” while a petition for legal separation will state that the marriage is “not irretrievably broken.”
What a Legal Separation Judgment Includes
In both kinds of cases, the resulting judgment will include a division of the couple’s assets and debts and, if appropriate, a parenting plan setting out how the children’s care and expenses will be shared. From the time a legal separation judgment is entered, the spouses will have separate assets, debts, and income, just as if they were divorced.
Options After a Legal Separation Is Finalized
After the legal separation is in place, the couple can remain in that status permanently. However, if the pair reconciles, they can ask the court to set aside the legal separation judgment, which will return them to their married status. Alternatively, after 90 days have elapsed following the entry of the legal separation judgment, either of them can ask the court to convert the legal separation to a dissolution.
When Legal Separation May Be the Right Choice
Legal separation can be a good option for couples who, for religious or other reasons, do not wish to be divorced. There may be other reasons for selecting this option rather than a dissolution of marriage.
The family law attorneys at Paule, Camazine & Blumenthal can help you determine whether legal separation is a good option for your family.
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