Separation Attorneys & Lawyers | Stange Law Firm, PC

Separation Requirements

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.” It is possible in certain instances for couples to live apart in the same house — as long as they live and sleep separately. Please note the requirements vary for each state. In Illinois, parties are presumed to be irretrievably broken if the parties have been living separately and apart for six months. In Kansas, there is a 60-day wait period after the case is filed. Where there are kids, the waiting period is 90 days in Oklahoma. In Nebraska, there is a 60-day waiting period before a dissolution can be filed. At Stange Law Firm, PC, we answer our clients’ questions about separation under local law.

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 results whether through settlement or trial. It is often true as well that some parties choose not to get divorced when they are separated. Instead, they believe that their marriage while broken is potentially savable. Thus, they seek a legal separation instead of getting divorced to ensure that property and debt matters, child custody, child support, spousal support, and other matters are resolved during the separation. Many of these individuals seek marriage counseling. In some instances, the parties then reconcile and dismiss the legal separation. In other instances, reconciliation efforts fail and the legal separation is converted into a divorce.

About Separation Laws

No matter whether parties are seeking a legal separation or a divorce, a separation agreement is vital. These agreements 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 have a significant impact. That is why it is critical to take a separation agreement seriously. Work with an experienced law firm that knows and understands separation laws.

If you are separated or looking into it and want to know about the differences between legal separation and divorce, 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 a complex business. You can also listen to our podcast titled: Why file for legal separation?