Filing a legal action for dissolution of marriage in Missouri (AKA “divorce”) is an extremely serious undertaking with many possible repercussions. For marriages lasting more than a few years, and especially marriages with younger children involved, you really need to pursue all available alternatives before you end the marriage and the family permanently with a divorce.
I’m not saying all divorces are bad and are not the best decision given the
circumstances in many cases. I’m only stating that it’s not a decision to be made lightly without serious contemplation. A divorce in Missouri can be very expensive and emotionally challenging for everyone involved, especially young children. My parents were divorced when I was in kindergarten and although I have no memory of it, spending very little time with my father growing up had a profound influence on my lack of self confidence and slow development emotionally as a man.
One of the alternatives to divorce in Missouri is a legal separation. If a man and wife are not one hundred percent certain they want to permanently end a marriage, a legal separation can be a viable and useful option. However, it isn’t just the remote chance of a reconciliation that can encourage couples to pursue a legal separation instead of a divorce. There are many more practical reasons why married couples may choose to petition the court for a legal separation instead of a divorce.
In Missouri, a legal separation can be useful in numerous situations. The Missouri law governing legal separation is Missouri Revised Statute 452.325 . The description of a legal separation in the Missouri statute reads as follows: “To promote the amicable settlement of disputes between the parties to a marriage attendant upon their separation or the dissolution of their marriage, the parties may enter into a written separation agreement containing provisions for the maintenance of either of them, the disposition of any property owned by either of them, and the custody, support and visitation of their children.” As the words of the statute suggest, a legal separation does allow some of the features of a divorce, such as property and debt division, child custody and visitation arrangements, as well as any alimony (in Missouri called maintenance.)
Benefits of Legal Separation:
In Missouri, a legal separation can offer benefits for couples who may not be ready to permanently end their marriages, however they want to live apart and come to an agreement of their responsibilities and rights. The benefits of a legal separation are as follows:
1. Time To Reflect: A Missouri Legal separation allows couples the chance to live apart and evaluate how they feel about their relationship without a divorce. Think of it as a trial run at a divorce. After living separate lives for a decent amount of time, spouses can determine if they want to permanently end their legal relationship. This is important because a divorce is final.
2. Financial Agreements: A Missouri legal separation can also help resolve financial matters including property division, maintenance, and debt division.
This allows protection of each party’s finances while living apart. For example, a legal separation can stipulate what happens to each spouses retirement accounts and how they are divided. Sometimes one spouse or the other might not be ready to end the marriage, but they do want some certainty as to what will happen financially if the marriage does end, before they continue in the marriage and work on it. A legal separation in Missouri can even direct who keeps the engagement ring.
3. Child Custody and Child Support: A Missouri Legal separation allows couples to create child custody arrangements and child support obligations. This creates stability and clarity for both the parents and the children involved. Most parents are very concerned about what will happen to their children in the event their marriage fails.
4. Medical Insurance: A legal separation may be superior to a divorce because it may let one spouse remain on the other’s health insurance plan, depending on the exact terms of the policy. This aspect of legal separation can be an important consideration for marriages where one partner relies on the other partner’s health benefits. As most of us know, medical insurance in the U.S. is extraordinarily expensive unless you are employed with a company that provides it. Personally, as a single father who is self-employed, I pay over $1500 a month for health insurance for my three daughters and I. Oftentimes only one spouse has good health insurance through their employer. For this reason, health insurance coverage is one of the top reasons some couples apt for a legal separation in Missouri instead of a divorce.
5. Religious or Personal Beliefs: Some religions do not allow or frown upon divorce. To get around this, a Legal separation allows the parties to live apart and address necessary legal matters without the stigma of divorce. For example, a divorce is not recognized by the Roman Catholic Church, in fact it is considered a sin. Additionally protestants and mormons are also very against divorce. While divorce is allowed in the Islamic and hinduism faiths, it is similarly frowned upon. Most religions worldwide view marriage as a lifelong commitment.
6. Tax Benefits: Some couples may wish to remain legally married for tax reasons, so they can file married jointly and reap some of tax benefits in some situations. If one spouses makes a considerable income and the other spouse does not, together they would pay less taxes by filing married versus filing separately.
7. Preservation of Marital Status: Unlike a divorce, a Legal separation preserves the married status, something that may be relevant for inheritance rights, social security benefits, or immigration issues. Currently my fiancé Antonnette from the Philippines is scheduled to come to the U.S. next month in September. Following an 18 months process her K1 visa (also known as the fiancé visa) was approved. Once she arrives in the U.S., we have to get married within 90 days. Otherwise her legal right to be in the U.S. will be cancelled and she will have to return to the Philippines or stay in the U.S. as an illegal alien.
Requirements of a legal separation agreement:
A separation agreement must be reasonable “conscionable,” in order for a court to approve the legal separation. If a judge decides the agreement is unconscionable, the court may reject the legal separation or require the spouses to submit an altered separation agreement. Sometimes the court may itself make orders for the disposition of property, support, and maintenance in accordance with the provisions of the state statutes.
2. The terms of the executed separation agreement are enforceable by all remedies available for the enforcement of a judgment, and the court may punish any party who willfully violates its decree to the same extent as is provided by law for contempt of the court in any other suit or proceeding cognizable by the court.
3. Except for terms concerning the support, custody or visitation of children, the separation agreement can prevent or limit modification of terms set forth in the judgment of legal separation if the separation agreement states so.
Find a Lawyer Experienced in Missouri Legal Separations
When you are considering a divorce or legal separation in Missouri, it's essential you choose an experienced attorney dedicated to men's rights who has a thorough understanding of Missouri's laws related to divorce and legal separation. At the Men's Center for Domestic Resolution, we have your best interests in mind all of the time, we look at all factors involved in a case, and we work alongside you to discover the best possible course of action. Similarly, if you are facing a dissolution of marriage action filed by a woman, it is essential you retain an experienced attorney to ensure your legal rights are protected. Our firm provides empathetic and zealous representation for a variety of family law issues, including but not limited to adoption, alimony (AKA "maintenance"), paternity, child custody, child support, and divorce. If the matter proceeds to litigation and/or a trial, we are prepared to aggressively represent your legal rights.
Trust the Men's Center for Domestic Resolution
If you are a man facing family law issues such as divorce (AKA "dissolution of marriage"), child support, child custody, or paternity issues in Cass County, Missouri or the surrounding areas such as Lee's Summit, Blue Springs and Harrisonville, we got you! We provide men with the representation they can count on during one of the most difficult times of their lives. I, Robert M. Davis, DDS, Attorney at Law am a single full time father of three teenage girls, and have personally experienced the stress and emotional pain associated with family law matters in the courts. Let me passionately represent you. Call us at (816) 287-1530 to schedule a virtual or in person consultation so we can show you how we can help you through this challenging time of your life.
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