Legal Separation

Some people want to live apart from their spouse, but do not want to get divorced. In Kansas and Missouri, you and your spouse can agree to a legal separation. Legal separation is similar to a divorce, except you and your spouse will remain married.

At The Mathews Group, LC, our lawyers guide men and women through the legal separation process. Schedule a consultation online with a Mathews Group attorney to discuss your case. From our law office in Leawood, KS, we represent clients throughout the Kansas City metro area in Kansas and Missouri.

There are three main reasons why people choose legal separation over divorce:

  • For religious reasons: If you obtain a legal separation, you are still married in the eyes of the church.
  • For insurance reasons: If you obtain a legal separation instead of a divorce, you can continue to cover your spouse under your medical insurance, since you are still legally married.
  • For personal reasons: Some people want to separate their lives and their finances, but are not ready to get divorced. In cases like these, a legal separation can serve as a stepping stone for a later divorce or reconciliation.

In a legal separation, you and your lawyer will do everything that happens in a divorce. You will create a parenting plan if you have children, pay child support and spousal support if ordered by the court, and divide marital assets. The legal documents will look like those prepared in a divorce, except they will say "legal separation" instead of "divorce" or "dissolution." If you choose to go through divorce later, the process will be simpler because you and your spouse already have an agreement in place.

There is a potential risk when choosing legal separation instead of divorce. Under the common law rule of necessity, you will not be liable for your spouse's debts unless you cosign. However, you will be liable for your spouse's medical expenses. If your spouse is severely injured in an accident and he or she does not have enough insurance, the hospital could seek to garnish your wages to pay medical bills.

For More Information About What It Means to Be Legally Separated in Johnson County

You will never be charged for your initial consultation with a Kansas City legal separation attorney at our firm. We encourage you to schedule a free consultation online or call us at 913-660-0664 to discuss your case today.