Divorcing couples face no official separation requirement before filing for divorce. After filing, however, they must undergo a 30-day wait period in Missouri. During this period, they must be living apart from each other. However, the court places minimal requirements on what constitutes "living apart." In fact, it is possible for couples to live apart in the same house — as long as they sleep separately.
Please note the requirements in Illinois are different than Missouri. In Illinois, parties are presumed to be irretrievably broken if the parties have been living separate and apart for six months.
At Stange Law Firm, PC, we answer our clients' questions about separation under Missouri law. Representing people throughout Missouri and Illinois, we are well recognized as a leading family law firm. Attorneys at Stange Law Firm, PC, are knowledgeable, experienced and enthusiastic about getting results for our clients. When we take your case, we work hard to achieve the best possible verdicts and settlements.
About Missouri and Illinois Separation Laws
While there is no official separation requirement in Missouri and Illinois, couples may enter into separation agreements. These agreements often address the same issues as divorces. They may divide property, decide child support and spousal maintenance, as well as child custody and parental contact with the children.
In a divorce after a separation agreement has been put in place, the terms of the separation agreement often have a significant impact. That is why it is critical to take a separation agreement seriously. Work with an experienced attorney who knows Missouri separation laws and do whatever possible to make commonsense decisions know — knowing that those decisions will affect you far into the future.
If you are separated or looking into it, we have articles that we have written to help people understand what legal separation is: What does a separation agreement look like?, What can I expect if I file for legal separation?, The possibilities of legal separation, and Legal separation is a complex business. You can also listen to our podcast titled: Why file for legal separation?
Contact a Legal Separation Lawyer
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