Can You Get a Legal Separation in the State of Florida

As a reminder, legal separations in Florida are not recognized by law. However, spouses can separate at any time and live in different residences – and actually live completely separate lives. A separation agreement. This legally binding agreement can produce the same result as legal separations in other jurisdictions. In other states, couples can apply for legal separation, allowing them to make arrangements on issues such as spousal support, custody, and child support. In Florida, there is no specific law that defines legal separation. No, because Florida does not recognize legal separation. Florida allows a so-called “limited divorce,” which is similar to legal separation in other states. The reasons for a limited divorce are cruelty, desertion and voluntary separation. The court determines the primary residence of the children, that is, the place where the children spend most of their time. The court decides on the access rights of the non-custodial parent. Florida requires separated parents to disclose their income and resources, and charges an amount of support paid monthly by the non-custodial parent to the custodial parent. Finally, if an application for divorce is filed, the court addresses the subjects of the visitation, custody and maintenance of the children as well as other agreements such as the division of property.

If the couple does not divorce, they remain legally married. Some States recognize legal separation. A spouse may initiate legal proceedings to obtain an order declaring that the parties are legally separated. The parties are still married, but the court makes an order regarding matters such as custody, family allowances, spousal support and asset division. Overall, take the time to discuss your current situation with your partner. You can also contact an experienced divorce lawyer for legal help and advice. In many cases, there is also a factual dispute about the date of separation, as the parties may slowly separate or perform a trial separation before deciding on a full divorce. Although Florida courts do not recognize legal separation, the court may consider the date the parties separated in the division of assets or liabilities. According to florida statute § 61.075(7), “different assets may be valued at different times depending on the judge`s discretion.” However, legally separated couples can still pursue things like alimony, child support, etc., just as they would if they were divorced. The more you make your detailed agreement (assuming your spouse is willing to accept the terms), the more uncertain your separation will be. As a couple moves forward with a legal divorce, the courts may reconsider the issues of (access/custody), child benefits and spousal support, and division of property and matrimonial property. Eventually, the woman has a child.

As they are still married, the legal husband is considered by law to be the father. That is, if the mother then files for divorce, under Florida law, the legal father (who is not actually the biological father) is responsible for the child benefit and all other paternal duties. At this point, the husband must take legal action and file a paternity petition to prove that he is not actually the father. Fact #3: Specific legal agreements relate to the formalization of separation requirements in Florida. Temporary relief is an interim solution. This is not a legal separation order. Reparation is granted while the divorce is in progress. After months or years of separation, various legal issues may arise, as the spouses remain responsible for their partner`s debts and other legal issues. Matrimonial property, maintenance and parental duties can become precarious points of contention. Spouses can move to another state while living separately and separately. This could make a divorce much more complicated. The same applies to alimony.

Florida law also allows separated couples to apply for child support even if they are not officially and legally divorced. While these cases are rare and Florida courts don`t provide child support as often as child support, child support may be an option available to separated couples. Couples can file for divorce in any U.S. state. However, couples may want to retain some of the legal and tax benefits of marriage while living separately, either due to irrevocable differences or for professional reasons. The couple remains legally married, but obtains legal separation in the form of a court order. If they have children and live separately or still live together, each spouse can apply for a court ruling on issues such as custody and access (timeshare) and child support payments. Married people who earn less than their partner should know that food arrangements are not necessary when separating from their partner.

Since separation is not legally recognized, it is not enough to simply move to a new residence for the court to demand payments from one`s partner. While separation may be the right decision for you and your spouse, it`s not the easiest way if you have children or complex assets and decisions related to these issues need to be permanently binding. You must agree to say “no” to divorce, but you must say “yes” to a divorce lawyer with experience in the field of legal separation in Florida.