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Kansas City, Kansas Family Law Attorneys Explain Legal Separation and Divorce

Stange Kirk C.
Apr 20, 2017
Legal separation and a divorce have important differences. Kansas City Missouri Divorce Lawyers in Jackson County agree that it is important for parties to know the difference between the two.

When parties get legally separated, they are technically still married. Ordinarily, however, they are not living together and agree that there is a reasonable chance that the marriage can be preserved. When parties get divorced, on the other hand, the marriage is dissolved. In these circumstances, the parties agree that there is no reasonable chance that the marriage can be preserved.

A party can generally file for divorce on the basis of no-fault grounds and give the reason as irreconcilable differences or that the marriage is irretrievably broken. Having said that, fault can still come into the picture in terms of property and debt division and spousal maintenance. Family courts in Missouri can look at fault in terms of the outcome, but alleging fault is not necessary to get a divorce.

Both parties will need to ensure that the waiting period expires before they complete their divorce. In Missouri, that waiting period is thirty days. Only then, can a court approve any divorce settlement that is reached. This is something in which our Kansas City Missouri Divorce Lawyers in Jackson County can assist.

Filing for legal separation:

A party can also file for a legal separation by filing a petition. The petition is similar to a divorce petition, but will instead allege that there is a reasonable likelihood that the marriage can be saved. After being served, the Respondent may answer and may also file a counterclaim for legal separation or even divorce or annulment.

Marital difficulties are very tough. It takes its toll not just on the couple, but also on their family members and their children. In other cases, the parties might also agree that the marriage is in trouble, but they do believe the marriage is still savable. In these cases, many parties consider legal separation instead of divorce.

Many couples may need help reaching an agreement on the division of marital property, debt and spousal maintenance. They may also need Kansas City Missouri Child Custody Attorneys in Jackson County for representation in child custody, child support and other related matters.

In the words of Kansas City Missouri Family Lawyers in Jackson County - 'Child custody and child support issues can be complicated and hard to solve. It is vital for most parties to have representation through the process to make sure the outcome is fair, just and in the best interests of the children.'

In case things get complicated:

Some parties may choose to live separately and apart without filing for divorce or legal separation. But, after some time, parties generally need to formalize their agreement in court if they are going to live apart indefinitely. Otherwise, disagreements can arise on important issues.

These disputes can involve custody, maintenance or property and debt related matters. When this is the situation, hiring Kansas City Missouri Divorce Lawyers in Jackson County can prove quite helpful in protecting your interests. If you want to know more about legal separation and/or divorce in Kansas City, contacting an attorney that is knowledgeable about family law is vital.

We understand that each divorce is unique and different. For this reason, we listen closely to every client to ensure that we are pursuing his or her goals in a competent, communicative and diligent manner. We also implement mediation and collaborative divorce where appropriate to help our clients achieve the best possible results. If you are interested in using alternative dispute resolution (ADR) for divorce, our lawyers have the experience needed to help you prepare for ADR in your divorce or legal separation. However, if this is not possible, we can also provide zealous advocacy in court.

If you are looking to find and hire a divorce lawyer in Jackson County, contact us online or by phone to schedule a confidential consultation at any of our convenient locations.

Disclaimer Note: The choice of a lawyer is an important decision and should not be based solely upon advertisements. Kirk Stange is responsible for the content. Principal office is 120 S. Central Avenue, Suite 450, Clayton, Missouri 63105.
About the Author
Kirk C. Stange is the author of this article on Kansas City Missouri Divorce Lawyers in Jackson County.Find more information, about Kansas City Missouri Family Lawyers in Jackson County here
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