What does a legal separation mean in Missouri?

What is Legal Separation? In the state of Missouri, there is a legal recourse to separating as a couple that is not divorce. The legal process of separation begins when one spouse files a petition for separate maintenance to the court in the county in which either spouse has resided for at least ninety days.

What is a separation petition?

“Separation” simply means living apart. You may also seek court orders about custody and visitation without filing for a legal separation or divorce. “Legal Separation” is a major change in the status of your marriage. To get a legal separation you must file a petition in your Superior or Family Division Court.

Is there a separation period for divorce in Missouri?

While there are no official separation requirements in Missouri, there is a 30-day waiting period after filing for divorce where the parties must be living separately from each other.

How does a legal separation work in Missouri?

A legal separation in Missouri is initiated when one partner files a separate maintenance petition. The court then enters a legal separation judgment when it deems that there is a reasonable chance that the marriage isn’t irretrievably broken and that it could be preserved.

When does a divorce case start in Missouri?

A legal separation case in Missouri begins when one spouse files a petition for separate maintenance. The court enters a judgment of legal separation when it finds a reasonable likelihood that the marriage can be preserved and that the marriage is not irretrievably broken.

Can a judge set aside a divorce order in Missouri?

Missouri law allows a judge if at least 90 days have elapsed since the separation order has been entered to convert a separation order. As an alternative, either partner could file a motion to set aside the separation order. You’re free to remarry and get a fresh start on life once you’ve had a divorce.

Is it legal to dissolve a marriage in Missouri?

In fact, the Missouri court website says that, in Missouri, legal separation and dissolution of marriage are identical in all respects except that, when the judgment is issued, the parties are still married. If you want a legal separation in Missouri, it is important to understand exactly what this entails.

When to file for legal separation in Missouri?

The petition for legal separation in Missouri is filed in the residential county of either spouse and may be moved to the county in which the respondent resides if that county was the residence of their kids throughout the immediate 90 days prior to the filing.

Can a divorce judgment be entered in Missouri?

If the court finds that the marriage is actually irretrievably broken, it can enter a divorce judgment instead. It is also worth noting that, in Missouri, a decree for legal separation can be transformed into a judgment for dissolution by motion of either spouse.

How long does it take to get a divorce in Missouri?

From the time of the filing, 30 days must elapse before the court grants a legal separation. A separate maintenance ruling grants the couple all of the legal protections associated with a divorce without actually ending the marriage. If a couple holds out hope of reconciliation, a legal separation is an appropriate option.