Full question:
Can you get legally seperated in KS where finances are seperated and protection is afforded to each party, (protection from prior marital debt or personal bankruptcy) remain married and still live under same roof?
- Category: Divorce
- Subcategory: Legal Separation
- Date:
- State: Kansas
Answer:
Without being incorporated into a divorce decree, a separation agreement is merely a contract between the parties and won't be upheld against third parties, such as creditors until it is made part of a court order.
Where the parties intend a "separation agreement" to be incorporated but not merged in the divorce decree, the agreement remains a separate, enforceable contract and is not superseded by the decree. Whether it is to be incorporated and merged into the divorce decree is determined by the language of the agreement. If it is not, it is possible for the court to modify the terms in the final divorce order. Typically, a separation agreement that is freely and fairly made will be enforced in a divorce order.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
