How does legal separation work in Missouri?

How does legal separation work in Missouri?

A legal separation case in Missouri begins when one spouse files a petition for separate maintenance. The court enters a judgment of legal separation when it finds a reasonable likelihood that the marriage can be preserved and that the marriage is not irretrievably broken.

How do you change a legal separation to a divorce?

Write a motion requesting that the court convert your case from legal separation into a divorce. File the motion with the clerk of the court. The clerk will provide you with the date and time for a hearing on the motion. Send or deliver a copy of the motion, along with notice of the hearing, to your spouse.

How much does it cost to file for legal separation in Missouri?

Whether you and your spouse agree on issues and the complexity of the case will affect the final cost (e.g. custody of children, division of joint assets and home, etc.). Regardless of the type of divorce sought, you will be required to pay filing fees which can cost up to $225 in some Missouri counties.

How long does legal separation take in Missouri?

Before filing, one party must have lived in Missouri for at least 90 days. To go into effect, a legal separation requires at least 30 days from the time of filing.

Does Missouri recognize legal separation?

Missouri is no different as it has a process for legal separation, although it’s formally referred to as a “separate maintenance action.” With this type of action, a Missouri court can enter an order which will legally separate the parties while retaining their legally-recognized marital relationship.

What happens when one party refuses divorce?

The Court can grant a divorce order, even if the spouse refuses to sign any documents. If the responding spouse does not attend the hearing, the Court may finalise the divorce application in their absence. Otherwise, the spouse may ask the Court to appear by telephone.