No, you do not have to be legally separated before you file for divorce in Missouri. Seeking a legal separation is different from choosing to live separately for purposes of divorce proceedings. It is a specific legal status that may be warranted in your circumstances.
What Is Legal Separation?
Legal separation is an arrangement that is approved by a court. While it allows the spouses to have the rights and obligations of a divorced couple, the marriage is not dissolved through legal separation. Instead, Missouri law provides legal separation to allow couples to resolve their differences while apart (if that is their desire). It is a tool “to promote the amicable settlement of disputes between the parties attendant upon their separation or the dissolution of their marriage.”
In a legal separation, the couple must sign a separation agreement – similar to a settlement agreement they would sign in a divorce. The couple must agree to specific arrangements, including establishing child support and custody. It is critical to work with an experienced divorce and family law attorney when developing this agreement because it significantly impacts the divorce if that is the direction in which the parties ultimately proceed.
Because legal separations do not legally dissolve the marriage, they are not a permanent solution to ending the relationship. Even though they may cover matters found in a divorce decree, the parties are prohibited from selling their property, incurring substantial debts, or remarrying. If they wish to do so, they must convert their separation order into a divorce order.
How Do You Convert a Separation Order into a Divorce Decree?
A Missouri judge can convert a separation order into a final divorce decree after 90 days have passed from the date the separation order was entered. Either party can request this conversion. However, the parties can also extend the separation period after the 90 days have passed if they are satisfied with the agreement and conditions currently in place under the separation agreement. Alternatively, if they have reconciled, either spouse can file a motion to cancel the separation order.
Contact the Law Office of Amy L. Gervich Today
Whether you wish to consider a legal separation or move forward with a divorce, you need an experienced family law attorney who will deliver strong legal advocacy with a personalized approach. You need the team at the Law Office of Amy L. Gervich. To us, you are more than a case number. We’ll treat you like family, and we want to help you through what could be a challenging time.
When you are ready to discuss your family law needs in St. Charles or St. Louis County, get in touch with the Law Office of Amy L. Gervich. Contact us today for a free initial consultation to get started with your case. We look forward to meeting you, learning your needs so that we can best serve them, and welcoming you to our family.
