What makes you legally separated in florida

There are various measures a couple can take to approximate a legal separation. One notable example is a postnup agreement. Also, courts have the right to impose both child support and alimony in the absence of a divorce filing. One of the most frequent questions our clients ask is whether a couple can file for legal separation.

The answer is both yes and no. No — because Florida does not specifically recognize legal separation. Yes — because there are ways to address the needs of those people that desire a legal separation. Perhaps your marriage is not working out but the two of you agree that a divorce is not appropriate at the moment. Or you have children and want to minimize impact on the kids.

Or you could still have hope for the marriage but want to protect yourself in the event that things go poorly in the very near future. Finally, there could be valid religious reasons for not filing for divorce. Fortunately there are precautions you can take to protect your rights, now and in the future. Florida may not have a legal separation statute but there are some laws that can help in the event of a separation. So in Florida a legal separation that is signed off upon by the court is not and cannot be the answer to your concerns.

As discussed, Florida laws do not give troubled spouses the option of legally separating. This does not mean, however, that separating from your spouse is not without benefits. In addition, there are other ways in which you may be able to achieve the results of a legal separation despite its nonexistence in Florida. But again — keep in mind that legal separation in Florida does not formally exist. Florida law has definite and clear provisions on child support between parents that are separated.

Even though the Florida courts don't have specific rules for separation, the courts can take an active role in the process, and the parties are not prohibited from maintaining any other proceedings for other or additional relief during their separation. Even without separation orders, Florida law permits couples to enter into legal agreements to formalize the terms of a separation, giving structure to a distressed marriage while the spouses live apart.

These include:. When a spouse sues for support, the court then has the right to adjudicate the financial obligations of one spouse to the other spouse and the child, if there is one.

The Florida courts can establish the child's primary residence throughout the period of separation, which means the courts determine the custodial parent during the separation. Moreover, the courts determine custody and visitation rights for the parties during the separation considering the number of children, the working hours of each of the parents, and primary custody during the separation.

A separation agreement is a legal binding contract signed by spouses, which is intended to resolve property, debt and child related issues. This can be a very complex and detailed document depending upon the unique situation of the marriage. Many spouses consult an attorney to provide this or they decide to prepare their own. Florida permits a so-called 'limited divorce', which is similar to legal separation in other states.

Grounds for a limited divorce are cruelty, desertion, and voluntary separation. The court establishes the primary residence of the children, which is the place where the children spend most of their time. The court decides visitation rights of the noncustodial parent. Website by Superior Virtual. Contact Us.

Jamieson Staff Media Contact Us. June 28, Recent Posts. Like what you're reading - Subscribe here. Follow US.

However, dating while you are separated could have a negative impact on your divorce, in some cases. If spouses have a legally binding marital agreement , the terms of the agreement could come into play even though they live separately. There are a few cases in which a spouse may petition the court for domestic support payments without filing for a divorce.

A spouse may petition the court for child support or spousal support if the spouse needs the support and the other spouse has the ability to pay the support. In situations related to domestic violence , a spouse may need to leave the marital home or petition the court to have the abusive spouse leave the marital home. It is generally safer for the abused spouse to live separately while seeking a divorce.

When spouses argue and fight, it can be beneficial for the spouses to live separately while deciding if their marriage can be saved or if they want a divorce. It can also benefit children because they are not subjected to the tension and arguments between their parents. However, each case is different, and you must decide what is best for you and your child. If you are unsure whether living separately might have adverse consequences for a divorce action, you might want to consult with a divorce attorney before moving out of the marital home.