Separation from marriage, also called legal separation or legal separation, is the pursuit of a de facto separation. During this separation, the couple is still legally married; However, legal separation is granted in the form of a court order (in other jurisdictions). Family law provisions in Florida determine the grounds for divorce or obtain orders legalizing marital separation, and determine the procedures used to pursue both divorce and legal separation. In other countries, couples can apply for legal separation, which allows them to reach agreements on issues such as spousal maintenance, custody and alimony. In Florida, there is no specific law defining legal separation. Some states allow formal separation without dissolution of the body, but Florida is one of the few states that does not. A separation agreement describes the terms of a separation, while the settlement agreement is the last part of a divorce. If you have any questions about when you need a separation agreement from a settlement agreement, it`s important to speak with a competent Boca Raton family law attorney. Even though Florida does not have a procedure for filing a „legal separation,“ you can at any time file a lawsuit to obtain child and/or spousal support without filing for divorce.
You must provide evidence that your spouse is able to support the children of the marriage and/or yourself, but that he or she has not supported it. Applications for family allowances are generally accepted, while applications for maintenance are often not accepted when the parties have not filed for divorce. Although Florida courts do not have specific rules for separation, courts can play an active role in the process and parties are not prohibited from maintaining other proceedings or additional proceedings for other or additional facilities during their separation. Even in the absence of separation orders, Florida law allows couples to enter into legal agreements to formalize the terms of a separation and structure a troubled marriage while the spouses live apart. This implies that we will continue to refer to „legal separation“ for the purposes of this discussion. But again, remember that legal separation in Florida does not formally exist. If you plan to take care of yourself, if you and your spouse separate, you should consider a marriage or estate contract with your spouse. These agreements are treated as contracts; Therefore, if your spouse agrees to pay you $1,000 a month in child support if you separate but don`t divorce, it`s likely that a court will impose it.