How do legal separation and divorce differ?

On behalf of Stange Law Firm, PC posted in divorce on Tuesday, May 19, 2015.

Each marriage and each partner posses concerns that are unique to them. When a marriage breaks down, each partner’s interests will have an impact on the choices they make.

When a couple chooses to create their own vows or have a religious and civil ceremony so they are married for legal purposes and by their beliefs, you can see the characteristics of the marriage and the couple.

For Missouri couples considering divorce, these interests can play a role in whether they seek legal separation or divorce, also known as dissolution of marriage.

Leal separation and dissolution of marriage are the same in many ways. The need for a experienced and knowledgeable family law attorney is important in either case because property division, child custody, and spousal support are decided in both cases.

Although it may not be used as often as divorce, legal separation may be an option for couple who would like to stay legally married. This could be for insurance or financial reasons, to provide stability for their children, or because of the couple’s religious beliefs.

If a couple believes reconciliation is a real possibility, couples can choose legal separation over dissolution of marriage. Either spouse can file a motion and a judgment for legal separation can be set aside by a judge. On the other hand, a judgment for dissolution of marriage cannot be set aside. Only remarriage can resume a couple’s marriage after divorce.

A family law attorney can help explain the various options available to you and your partner so you can choose the best path for your future.

Source: FindLaw, “Legal Separation vs. Divorce,” Accessed Nov. 6, 2014

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