When a marriage hits a difficult point, many people in Missouri think that their only option is getting a divorce. However, there is another legal option available – legal separation. Both processes deal with important issues such as dividing assets and deciding on child custody, but they are different legal procedures with different outcomes. It’s important to understand the main differences between legal separation and divorce before deciding which path is best for you and your family.

At Columbia Family Law Group, LLC, we have experienced divorce lawyers who are here to guide you through this difficult process. We will ensure that you have all the information and legal representation you need to protect your interests and ensure a positive outcome in your divorce.

What is a Legal Separation in Missouri?

A legal separation is a court-ordered agreement that allows a married couple to live separately while formalizing arrangements for child custody, child support, alimony, and property division, without legally ending the marriage. In Missouri, under Revised Statutes § 452.305, the reasons for a legal separation are similar to those for divorce – the irreparable breakdown of the marriage.

Crucially, a legal separation does not dissolve the bonds of marriage. This means that you are not free to marry again. However, the court can issue legally binding orders regarding all the same matters as in a divorce, providing structure and legal enforcement, while your marital status remains unchanged.

What is a Divorce (Dissolution of Marriage) in Missouri?

Divorce, also known as the dissolution of a marriage, is the official end to a marital relationship. According to Missouri law (Missouri Revised Statutes § 452.320), divorce officially ends a marriage and returns both parties to single status. It also divides marital assets and debts. Like a legal separation, the court makes decisions about child custody, child support, and spousal support, but these decisions are made in the context of ending the marriage permanently.

Key Differences Between Separation and Divorce

Choosing between legal separation and divorce can have significant long-term consequences. Here are some of the main differences:

Marital Status

This is the most significant difference. A legal separation preserves your legal status as a married individual, while a divorce ends it. After a divorce, both parties are free to remarry.

Health Insurance and Benefits

This is often a major consideration for many couples. While a legal separation does not officially end a marriage, it may still allow you to remain eligible for your spouse’s employer-provided health insurance plan. However, divorce usually results in the loss of this eligibility, which can be a significant financial concern.

Finality of Property Division

In a divorce, the court makes a final decision on the division of all marital assets and debts. However, in a legal separation, the court may allocate assets and debts for use and payment during the separation, but the final decision on their division is not made until a subsequent divorce case is filed.

Conversion of Proceedings

A legal separation is not a requirement for divorce. However, according to the law, a case of legal separation can be converted into a divorce if both parties file a petition. This allows for a more streamlined process if they later decide to end their marriage.

Religious or Personal Beliefs

Some couples have religious or personal beliefs that prevent them from getting divorced. A legal separation allows them to continue living apart, while being governed by court-ordered decisions that respect their beliefs.

Possibility of Reconciliation

A legal separation can serve as a “pause button” for couples, providing them with a structured trial period. If reconciliation efforts fail, the existing separation agreement can often be transformed into a divorce proceeding, facilitating the final divorce process.

How to Convert a Legal Separation to a Divorce

If you have already gone through the legal separation process and want to end your marriage, the process is usually straightforward. You can file a petition to convert your separation into a divorce. The court will often include the terms of the separation agreement in the final divorce decree, although it may require some updated financial information.

Don’t Navigate This Alone

The choice between legal separation and divorce is a deeply personal decision with significant legal and financial implications. You don’t have to make this decision alone. Our experienced team at Columbia Family Law Group, LLC, can help you evaluate your options and choose the path that best suits your goals.

Our attorneys bring more than 35 years of combined experience to your side, providing personalized, client-focused representation tailored to your specific situation. We take the time to understand your unique family dynamics and fight for a solution that protects your future.

If you are experiencing marital issues and need professional legal advice, contact our firm to schedule a consultation today.