Sometimes, people use the words divorce and separation interchangeably to refer to the end of a marriage. However, these terms have distinct legal meanings. If you’re planning to end your marital relationship in Missouri, you need to know the difference between legal separation and divorce.
Legal Separation vs. Divorce: What Is the Difference?
In Missouri, legal separation and divorce are not the same. These terms refer to unique legal arrangements that outline the terms of a couple’s parting and their legal rights and responsibilities following the breakdown of their marriage.
Divorce is a couple’s legal remedy for ending or dissolving their marriage. During a divorce, all assets and marital property are subject to division, and the court addresses and resolves issues of child custody, child support, and alimony. When a divorce is finalized, each partner has no remaining obligations to the other partner aside from those outlined in the divorce agreement, and they are each considered single, unmarried individuals.
Legal separation does not legally dissolve a marriage like a divorce. However, all other aspects remain the same. During legal separation, assets and property get divided, and you and your spouse will work out child custody and child support arrangements. When you are legally separated, you can live apart from your spouse. Technically, however, you are still a married person.
The primary difference between these two legal states is that following a divorce, you are free to remarry as you wish. Following a legal separation, you cannot marry someone else because you are still legally married to your spouse.
Choosing Between Legal Separation and Divorce?
There are several benefits to considering a legal separation over a traditional divorce. Most people who opt for a legal separation are unsure if they are ready for divorce and are leaving the door open for reconciliation. Legal separation may be an excellent option for partners who wish to explore separation while attempting to work on their relationship.
Some couples also file for legal separation instead of divorce to retain specific benefits, such as remaining on a spouse’s health insurance plan or because they get better tax benefits as a married couple.
Another factor in making this choice could be time. Legal separations can be finalized by the court relatively quickly, whereas resolving a divorce can take months or sometimes years, depending on how soon the couple can agree on the division of property, custody, and support.
In cases where couples realize they cannot resolve their marital differences, reconciliation is off the table, or one spouse wishes to remarry, a legal separation can later be converted into a divorce, officially ending the marriage.
A Divorce Attorney Can Help You Evaluate Your Options
At Grant, Miller & Smith, LLC, our compassionate divorce attorneys work to protect your future and resolve your past with comprehensive legal guidance and support. Our legal team works hand in hand with you to find solutions to your situation that meet your needs and address your concerns.
Contact our Missouri office today to arrange a confidential consultation where we can discuss your options for ending your marriage and moving forward with your life.