fbpx

Questions About Separation in Missouri, Illinois, Kansas, Oklahoma, and Nebraska

We've dedicated our firm to family law. Watch a quick video on why:

Stange Law Firm img
Play Video

Other Related Topics

Questions About Separation in Missouri, Illinois, Kansas, Oklahoma, and Nebraska

What is a separation agreement?

A separation agreement outlines the rules by which each party must abide during the legal separation, such as property, debt, and asset division. All of this information will be provided in the separation agreement and will be agreed on by both parties. Both members of the marriage will need to provide their names, as well as important legal information about all children in the marriage, as well as which child will live with which spouse. The specific rules and guidelines surrounding separation agreements vary from state to state.

Can we hire one attorney to prepare our separation agreement?

One attorney cannot represent both spouses. So, if you proceed without an attorney, you won’t have anyone looking out for your interests. If your spouse proceeds without an attorney, he or she may be able to claim later that the agreement is unfair, or that they didn’t know what they were signing because they didn’t have an attorney involved. If you and your spouse truly agree on all issues in your divorce, your best bet is to participate in divorce mediation, which is a process involving a neutral, third-party mediator (usually a family law attorney trained in mediation). The mediator works with both spouses to help them form and finalize an agreement. Often, the mediator will draft the Divorce Agreement, and then the spouses can ask their individual reviewing attorneys to take a second look.

Can we divide our property in a separate agreement?

Yes. A couple that is separating can agree on a division of property in their separation agreement, and that agreement will be binding on them. The property to be divided consists of real property (such as land and the buildings on it), tangible property (cars, jewelry, and furniture for example), and intangible personal property (such as bank accounts, stocks and bonds, vested pensions, and life insurance).

If one spouse violates the terms of a separation agreement, can he or she be held in contempt of court?

Generally yes. The majority of separation agreements are attached and incorporated into the final judgment and therefore become a court order. Contempt of court is the failure to obey a court order without legal justification. Therefore, as long as the separation agreement is attached and incorporated into the judgment, the spouse who violated it can be held in contempt of court. If the separation agreement is not attached and incorporated a spouse may have the option to sue the other spouse for breach of contract if he or she violates the separation agreement.

Will a separation agreement stop my spouse from hassling me?

While separation agreements usually have a non-harassment clause in them, you should understand that no piece of paper – be it an agreement or court order – is going to stop a person from doing something he or she wants to do. If the problem is one of physical violence, a court order would be better than a separation agreement and could be used to punish the wrongdoer if he or she violated the order. If there is only an agreement, a lawsuit for breach of contract is one possible remedy for breaking the promise of not hassling each other.

Is a judge bound by the terms of our separation agreement that do not pertain to our children?

With settlement agreements regarding property and debt, judges will generally enforce them so long as the agreement is not unconscionable.

Contact Our Multi-State Separation Attorneys Today in Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana to Schedule a Consultation

If you are considering separation in St. Louis, Chicago, Kansas, Indianapolis, Columbia, Springfield, Wichita, Topeka, Tulsa, Oklahoma City, Omaha, Lincoln, or nearby, our divorce attorneys will be glad to help you. Contact us online or by calling us at 855-805-0595.

ABOUT

Helpful Information for Individuals Going Through a Divorce

You can also find out the following topics on our webpage by clicking below or looking at the menus:
Dissolution of Marriage
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Legal Separation
There are some instances where married parties are separated, but are unsure whether their marriage can be reconciled or may later need to be dissolved. We can help with a legal separation if thi...
Family Law
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Annulment
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Collaborative Law/Mediation
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Prenuptial and postnuptial agreements
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontes
Paternity Law/Mediation
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Guardianships and conservatorships Law/Mediation
Unfortunately, there are times when a marriage is irretrievably broken and a d
Surrogacy Agreements
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Name Change
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Orders of Protection
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Step-parent adoption
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Adoption
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Minor emancipation
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Grandparents' rights
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Appeals
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Child Support
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Child Custody
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Juvenile Matters
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Modifications
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Contempt
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
Military Divorce
Unfortunately, there are times when a marriage is irretrievably broken and a divorce is the only option. We can help with your uncontested, contested, simple or complex divorce case.
SLF Icon
Serving St. Louis, Kansas City, Chicago, Indianapolis, Columbia, Springfield, Wichita, Topeka, Tulsa, Oklahoma City, Omaha, Lincoln, and Beyond in Missouri, Illinois, Kansas, Oklahoma, Nebraska, and Indiana

From our webpage, you can also read articles about family law, view informational videos, seminar videos, listen to our podcast, download our mobile application, or view support calculators for MissouriIllinoisKansas, Nebraska, or Indiana.

If you are looking to find and hire a child custody lawyer, contact us online or by phone to schedule a consultation at any of our convenient locations.

book-prenup-1

Prenuptial Agreements Line by Line

Aspatore Books from Thomson Reuters Westlaw
book-military-1

Strategies For Family Law Illinois

Aspatore Books from Thomson Reuters Westlaw
book-family-1

Strategies For Military Family Law

Aspatore Books from Thomson Reuters Westlaw

Protect Yourself By Understanding Your Options and Knowing Your Rights

GET HELP NOW

SLF Icon

MAIN OFFICE LOCATION

Stange Law Firm, PC

120 S. Central Avenue, Suite 450

St. Louis (Clayton), Missouri 63105

Toll Free: 855-805-0595
Fax: 314-963-9191
Group 144

DIVORCE HEADQUATERS APP

Contact Our Team

  • This field is for validation purposes and should be left unchanged.

Family Law Legal Services At Your Fingertips

FEATURED ARTICLES FROM THE STANGE LAW TEAM

When you choose us, you don’t have to sacrifice quality or service. You get the resources of a large divorce and family law firm AND the attentive service of a local attorney.