Legal Separation
A separate maintenance action does not terminate a marriage but does allow the spouses to live apart legally and provides maintenance (support) to the dependent spouse. This procedure is ideal for those couples who recognize strict religious objections to divorce. It also prevents either spouse from remarrying.
The grounds for a separate maintenance action are the same as for divorce – incompatibility, failure to perform a material marital duty, and incompatibility by reason of mental illness. There is no residency requirement to file for separate maintenance. The court may award maintenance and divide property and debts in the same manner as in a divorce action.
If one spouse files for separate maintenance and the other files for divorce, the court must grant the divorce. If a decree of separate maintenance is granted, either party may still file for divorce later.
I offer experienced and compassionate legal services to clients throughout the Greater Kansas City area (Kansas only), primarily in Johnson, Wyandotte, Leavenworth, and Miami Counties. Please feel free to contact my office for a free initial consultation. I will discuss your case with you and let you know how best to protect your legal rights
