St. Louis, MO- Sometimes a couple isn’t sure they want to divorce and prefer a trial separation instead. Troubled couples can work through their problems by separating, but there is a lot of confusion about separation. That is why the divorce attorneys at USAttorneys would like to discuss the differences between divorce and separation and the different types of separation.
Separation is temporary and is meant to give a couple space and time to decide if they can work out their problems or just really want a divorce. Missouri couples don’t have to file for legal separation, but it can have an impact on how assets and debts are divided if a couple of divorces. The three types of separation are:
Trial separation- A trial separation is not legally recognized, so that means any assets or debts accumulated during the trial separation period are still considered marital property. A trial separation is an agreement between a couple and gives them the opportunity to see if they prefer living apart and should file for divorce.Child custody is an issue in separation, as well.
Living apart- A couple who no longer lives together are considered “living apart,” which can affect how property is divided. The assets and debts accumulated while “living apart” may remain separate from marital assets and debts.
Permanent separation- Couples who decide to split up indefinitely are said to be permanently separated. A couple can decide to become permanently separated after a trial separation, or they can choose to separate immediately once they’ve realized their marriage is broken down. For the most part, debts and assets accrued during permanent separation belong to the spouse that owns them. Some debts and assets accumulated while permanently separated, if they are necessary to take care of a couple’s child or marital home can be considered marital property.
All of the above types of legal separation are not legally recognized. If a couple wants to separate legally in Missouri, USAttorneys urges you to speak with a divorce lawyer in St. Louis to explain how of to file for separation. Their advice will keep you from making any mistakes that could result in an unfavorable divorce settlement.
A legal separation occurs when one each party decides to split up and leaves the court to rule on how property, assets, and debts will be divided between each spouse. Courts determine child custody and child support amounts, as well. A couple may no longer live together, but they aren’t considered divorces either. Couples can choose a legal separation if they object to divorce for personal or religious reasons.
Before you separate, seek the advice of a divorce attorney. If you live in St. Louis, Missouri, contact the Law Offices of Barbara Behrens to assist you with your separation or divorce. As a family law and divorce attorney, Ms. Behrens can help you with all aspects of your dissolution. We urge you to contact her St. Louis office today and set up a consultation.