Missouri Legal Separation Agreement
Missouri grants a judgment of legal separation, but only when the court finds the marriage is not irretrievably broken and can be preserved, and it can be converted to a divorce after 90 days. Attorney review available.
Find out where you stand in Missouri
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Introduction
Missouri grants a judgment of legal separation, but with a distinctive condition: the court enters it only when it finds that there remains a reasonable likelihood that the marriage can be preserved and that the marriage is therefore not irretrievably broken (Mo. Rev. Stat. 452.305). That is the opposite of the finding required for a dissolution, which the court enters only when the marriage is irretrievably broken, so in Missouri a legal separation is the path for a couple that is not ready to say the marriage is over. A judgment of legal separation keeps the couple legally married while living apart, and neither spouse may remarry. To file, one party must have been a Missouri resident, or a member of the armed services stationed in Missouri, for ninety days immediately before the proceeding, and thirty days must pass after the petition is filed before the court enters the judgment (Mo. Rev. Stat. 452.305). A Missouri legal separation can later become a divorce: either party may move to convert the judgment of legal separation into a judgment of dissolution of marriage no earlier than ninety days after the legal-separation judgment was entered (Mo. Rev. Stat. 452.360). Couples choose it to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce. In a legal separation the Missouri court makes a just division of the marital property and can order maintenance, so rather than repeat those terms here they belong in a Missouri Marital Settlement Agreement; if you decide to end the marriage instead, the pleading that starts it is a Missouri Divorce Petition. DocDraft builds your Missouri legal separation agreement from your facts, with attorney review available before you sign.
Key Things to Know
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Missouri grants a judgment of legal separation only when the court finds a reasonable likelihood that the marriage can be preserved and that the marriage is therefore not irretrievably broken (Mo. Rev. Stat. 452.305). This is the opposite of the finding required for a dissolution.
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A Missouri judgment of legal separation keeps the couple legally married while living apart; neither spouse may remarry, and the marriage ends only through a later dissolution.
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To file for a legal separation in Missouri, one party must have been a resident, or a member of the armed services stationed in Missouri, for ninety days immediately before the proceeding, and thirty days must pass after the petition is filed before the judgment is entered (Mo. Rev. Stat. 452.305).
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A Missouri legal separation can be converted to a divorce: either party may move to convert the judgment of legal separation into a judgment of dissolution of marriage no earlier than ninety days after the legal-separation judgment (Mo. Rev. Stat. 452.360).
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Because a legal separation requires a finding that the marriage can be preserved, a Missouri spouse who believes the marriage is irretrievably broken generally seeks a dissolution rather than a legal separation.
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Couples choose a Missouri legal separation over divorce to keep a spouse on health insurance, to reach the ten-year mark for certain military and Social Security spousal benefits, for religious reasons, or as a trial step before deciding to divorce.
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In a Missouri legal separation the court makes a just division of the marital property and can order maintenance, so those terms belong in a marital settlement agreement rather than the separation itself; see the Missouri marital settlement agreement page.
Key decisions before you file
Before you file a Legal Separation Agreement in Missouri, a few decisions shape the document: which option to choose and what each one means. The Legal Separation Agreement guide walks through them.
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Missouri Requirements for Legal Separation Agreement
Judgment of Legal Separation
Missouri grants a judgment of legal separation, but only when the court finds a reasonable likelihood that the marriage can be preserved and that the marriage is not irretrievably broken (Mo. Rev. Stat. 452.305). The couple stays legally married and neither may remarry.
Marriage Not Irretrievably Broken
The finding required for a Missouri legal separation is the opposite of the one required for a dissolution. A legal separation needs a finding that the marriage can be preserved; a dissolution needs a finding that the marriage is irretrievably broken (Mo. Rev. Stat. 452.305).
Ninety-Day Residency and Thirty-Day Wait
One party must have been a Missouri resident, or a member of the armed services stationed in Missouri, for ninety days immediately before the proceeding, and thirty days must pass after the petition is filed before the court enters the judgment (Mo. Rev. Stat. 452.305).
Conversion to a Divorce After 90 Days
Either party may move to convert a Missouri judgment of legal separation into a judgment of dissolution of marriage, no earlier than ninety days after the legal-separation judgment was entered (Mo. Rev. Stat. 452.360).
Marriage Continues
A Missouri legal separation does not end the marriage. Neither spouse may remarry, and the marriage ends only through a later dissolution of marriage, which can follow by converting the separation judgment.
Property and Maintenance
In a Missouri legal separation the court makes a just division of the marital property and may order maintenance. Because this is the same division used in a divorce, set it out in a Missouri marital settlement agreement rather than in the separation itself.
Reasons to Choose Separation Over Divorce
A Missouri legal separation keeps the marriage in place, which can preserve a spouse's health insurance, help reach the ten-year mark for certain military and Social Security benefits, or serve religious or trial-step reasons. Confirm insurance effects with the plan, since many treat a legal separation like a divorce.
Separation Versus Marital Settlement Agreement
A Missouri legal separation sets the couple's marital status; a marital settlement agreement is the contract that divides property and sets maintenance and is used in both a separation and a dissolution. Keep the money and parenting terms in the marital settlement agreement and rely on the legal separation for status.