On behalf of Stange Law Firm, PC posted in Legal Separation on Thursday, April 24, 2014.
Couples facing reconcilable differences may be able to find solace through legal separation filings. Divorce is the go-to option for couples who see no way to salvage their marriage, but legal separations can be used in instances where a couple is unsure of their marriage’s future, but do not believe that all hope is lost. In a legal separation, couples remain legally married, but they are essentially living individually with their lives and their assets as their own.
Giselle Fernandez, a TV host, recently sought legal separation from her husband of 11 years. No official reasons were stated, but any number of factors can lead to a legal separation filing, including money or reputation issues. Fernandez has a 7-year-old child with her husband, and she is seeking joint custody in the filing.
Legal separations such as Fernandez’s can sometimes serve as a sort of trial separation to determine if a life apart is preferable to a the married life that couples previously experienced. In a case like this that involves a child, parents can also use the opportunity to see how the separation affects the child to better decide future actions. Separation laws can differ from state to state, and it is important to seek legal counsel that can help you with your specific circumstances in your specific state.
In Missouri, couples do not have to be legally separated before they file for divorce, but they do have to live apart for 30 days following a divorce filing. However, living apart essentially means sleeping separately, meaning that a separated couple can continue to live in the same house. If a legal separation is filed in Missouri, the terms of the separation agreement can have a large impact on divorce proceedings, so the importance of a legal separation agreement cannot be overstated.
Source: Hollywood.com, “Giselle Fernandez files for legal separation,” April 16, 2014