Legal separation in Florida can be confusing for many couples. As experienced divorce lawyers at Tampa Divorce Attorney, we are here to clear up any misunderstandings. This article will explain what legal separation means, how it differs from divorce, and why it might be the right choice for you. Keep reading to learn how you can take control of your marital situation with confidence.
On the authority of Florida law, the state does not recognize legal separation. Couples can live apart and create agreements, but these are not legally binding.
Understanding Legal Separation in Florida
In Florida, legal separation enables a married couple to live apart and manage their assets and responsibilities independently, all while preserving their marital status.
As a rule, couples can live apart but stay legally married, which offers some marriage benefits while addressing things like child custody, spousal support, and property division. In Florida, there’s no official legal status called legal separation. However, couples can make a legal separation agreement to spell out their rights and responsibilities while they are apart. This agreement can cover child custody, child support, spousal support, and how to split assets and debts.
You know, it’s important to understand that legal separation does not end the marriage; the couple is still married by law. But this agreement can help guide both parties during their separation and may serve as evidence in a future divorce. It’s a good idea to talk to a family law attorney to make sure your rights are protected and that the separation agreement is correctly written and follows Florida law.
Steps to Get Legally Separated in Florida
In Florida, you must reside in the state for a minimum of six months before you can legally separate.
In a basic sense, to start a legal separation in Florida, one of the spouses needs to file a petition with the local circuit court. This document explains why they want to separate, such as irreconcilable differences or mental incapacity.
Next, the couple has to agree on important issues like child custody, visitation rights, alimony, and how to divide their assets. If they can’t agree, a judge will decide for them based on what’s best for everyone involved.
Fundamentally, after they reach an agreement or get a court order, they must submit a written agreement to the court. Once the court approves it, the agreement becomes legally binding.
Keep in mind, that legal separation in Florida doesn’t end a marriage; it just sets the rules for living apart. If either spouse wants to remarry, they have to get a divorce first.
Differences Between Legal Separation and Divorce
From our last chat, with legal separation, a couple lives apart but remains legally married, unlike in a divorce where the marriage is formally ended.
In short, when a couple opts for legal separation, they are still legally married and must follow the same responsibilities, like sharing property and providing financial support to each other. Divorce, however, officially ends the marriage, allowing both people to remarry and move on. During a divorce, the couple needs to split their belongings, decide on child custody and support if they have kids, and settle any other issues.
One important difference between legal separation and divorce is that, with legal separation, the couple remains married in the eyes of the law. This means they cannot marry someone else unless they get a divorce. Simply put, financially, those who are legally separated might still need to support each other even if they live apart. In a divorce, financial ties between the people usually end.
Emotionally, legal separation might help some couples work through their problems and possibly get back together, whereas divorce marks the definite end of the marriage. Legal separation can also allow couples to keep certain benefits, like a spouse’s health insurance.
Legal Rights in Florida Separations
As we have already covered in Florida, family law statutes ensure that separations address issues like asset distribution, child custody, and spousal support.
Essentially when a couple decides to separate, they can choose to either legally separate or get a divorce. In both cases, the courts will handle issues like who gets custody of the kids, child support, alimony, and how to split up assets and debts.
For child custody, Florida courts focus on what’s best for the child. They may set up a plan that details each parent’s role and responsibilities in raising the child.
Child support in Florida is determined using a formula that considers both parents’ incomes, the child’s needs, and how much time the child spends with each parent. One parent may be ordered to pay child support to help cover the child’s expenses.
Simply put, alimony, or spousal support, might be given depending on factors like how long the marriage lasted, each spouse’s financial situation, and what each spouse contributed to the marriage. Alimony can be temporary or permanent, with the amount and length decided based on the case’s details.
When dividing assets and debts, Florida follows the principle of equitable distribution. This means that everything will be split fairly, though not always equally. The court looks at each spouse’s financial contributions, the length of the marriage, and future financial needs.
How to File for Legal Separation in Florida
Explaining more on the topic, before filing for legal separation in Florida, one intriguing requirement is that at least one spouse must have established residency in the state for a specified period.
In concise terms, to start a legal separation, you need to fill out a form and submit it to the family court in the county where either you or your spouse lives. This form should have details about your marriage, your children (if any), and why you’re seeking separation.
Both you and your spouse must share financial information and agree on how to divide your property, take care of your children, and handle financial support. If you can’t agree, the court will set a hearing to decide these issues for you.
It’s a good idea to get legal advice so you understand your rights during this process. Once the court approves your agreement, it becomes a legal document. In Florida, legal separation doesn’t automatically mean you’re getting a divorce. If you want to end your marriage officially, you’ll need to file for divorce separately.
Summing it All Up
As you may recall in Florida, legal separation is not recognized like in some other states. However, couples can opt for a separation agreement to outline their rights and responsibilities during the period of separation.
What Tampa Divorce Attorney is advising against is, this agreement can cover various aspects like child custody, support, and division of assets. It is important for couples considering separation in Florida to consult with an experienced attorney to ensure their rights are protected.
