Our divorce and separation law firm handles legal separation proceedings and mediation. Contact the Saint Louis family lawyers and staff from Ricci – Law - Group for marital separation agreements.
Many people are confused about what is meant by being or getting "separated" in a marriage. Given its varied definitions, separation can have different legal and non-legal meanings. How a couple is separated can have an important legal effect upon any future court action for dissolution / legal separation, such that affect support orders, property ownership and distribution of assets in the event of a divorce.
Absent a court entering an order and judgment finding the parties to be “legally separated,” any informal separation of the parties, whether by physically moving out of the marital home or by maintaining separate finances or lives, no matter what the length of time, does not affect their married status in Missouri. And as a general rule, any property (including wages) acquired while married, is considered marital property and subject to division by the court in any later action for divorce or “legal separation.”
“Legal separation” occurs when a couple decides to legally split up but not divorce. Rather the couple asks the court for a “legal separation,” or a court order disposing of all issues between them including division of assets and debts, orders for spousal support, and orders addressing issues related to minor or disabled children. Upon the court granting a “legal separation,” the parties although still married now have divided between them all assets, debts, and property rights / obligations, spousal support rights/obligations, and rights/obligations respecting their minor children … it is just as if they were divorced, but they are not.
A judgment of “legal separation,” rather than of dissolution of marriage, may be sought for many reasons: religious, financial, insurance coverage, personal. If “legal separation” is granted by the court, the parties although married will thereafter live as separate individuals. A couple who is “legally separated” may at any future date decide to again be the married couple of previous years. In such a case, both must petition the court to set aside their judgment of “legal separation,” so they may return to being that married couple. A “legally separated” couple may also at a future date convert a judgment of “legal separation” into a judgment of dissolution of marriage. The “legal separation” is converted to a judgment of dissolution upon request to the court by only one of the parties. The request can only be made after waiting ninety days from the date the court granted the judgment of “legal separation.”
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Please consult Ricci – Law – Group for information on whether legal separation might be suitable for you.