Legal Separation in Saint Charles, MO
Because you may not want to divorce, but also may not be able to live amicably with your spouse, you may want to consider a Saint Charles legal separation. Divorce is not always viable for a married couple based on finances or religious beliefs. In such cases our divorce lawyer at Shea, Kohl & Alessi, LC can discuss the advantages and disadvantages of legal separation so you can make informed choices about how to deal with your situation.
Courts grant a Saint Charles legal separation based on the same grounds that they grant a Saint Charles divorce. Separation makes provisions for child custody, child support, property division, and spousal maintenance, if needed. Once they agree to terms of the separation, the couple may have their attorneys draft a Saint Charles separation agreement.
Advantages of a legal separation
Because under a legal separation you are still married, you continue to enjoy many financial advantages of a married couple even though you are living apart.
Advantages that a legal separation offers may include:
- Joint tax return filing
- Deductions for child support
- Family rates under certain insurance policies
- Eligibility for social security benefits as a married couple
- Veteran benefits granted to spouses in long term marriages
Separation can be a trial period so a couple can see whether want to remain married or if they are happier living apart. They would seek a legal separation as opposed to living temporarily or permanently apart if they want to have the court authorize and rule on their agreed-upon terms of separation.
In contrast to divorce, the couple must agree on the terms of their separation before the court grants legal separation. If at a later time, the couple does decide to divorce, with additional paperwork provided, the legal separation can be turned into a divorce. However, if the couple no longer agrees on the terms, they would have to go through the divorce process and negotiate divorce terms through a negotiated settlement, mediation, or collaborative divorce. Or their lawyer may decide to take their case to trial.
Arrange a free consultation to discuss a Saint Charles legal separation
If you are considering legal separation in Saint Charles, our lawyers are glad to provide legal advice, information, and answers to your questions. Please contact us today to arrange a free initial consultation at (636) 946-9999.