In Florida, couples seeking separation or financial support can start a divorce without starting a divorce, allowing them to agree or argue on spousal support, child support, and timeshare (custody/visitation) issues without starting a divorce. Prenuptial agreements are also practical and can result in legal separation, but custody decisions are not set in stone. For a post-marriage contract to be legally recognized in Florida, it must be in writing, signed by both parties, and include full disclosure of assets between you and your partner. A separation agreement. This legally binding agreement may have the same result as legal separation in other jurisdictions. A post-up agreement is a legal document that deals with the division of property in a future divorce and reduces friction between couples if the marriage ends at some point in the future. Florida law does not provide a way to separate assets from debt in the event of separation, but they do come into play in the event of divorce. While legal separation is not the solution to all poor marriages, in some cases it provides one or both spouses with additional benefits and protections that would not be available to them if they simply filed for divorce. For example, if a woman becomes pregnant while living apart from her husband, the husband is still considered the legal father of the child. The alleged mother, father or father should bring a paternity action to determine which man has parental rights. Since legal separation is not foreseen in Florida, the court can review its custody decision at any time.

You may have custody of the children for a while, but the status is not permanent. 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 decision on issues such as custody and access (timeshare) and alimony. A lawyer will explain your legal rights and the pros and cons of leaving the marital home before starting divorce proceedings. Depending on your situation, a lawyer may be able to file a petition with the court to grant interim measures so that you can stay home during the divorce. While living out of state, I was very lucky to have Attorney Iken in my corner during my recent divorce. My first two lawyers were somewhat intimidated by the opposing lawyer and, as a result, my case suffered. Attorney Iken has proven to be a very competent, compassionate and consistent advocate for my interests. He was a good listener who gave precise and reassuring advice.

He was available and answered my many questions and concerns. He was always professional, protective, polite and honest. Mr. Iken is extremely wise and very strong – a rare combination. I highly recommend Mr. Iken to anyone looking for strong legal support. Forms contain fillable form fields: To fill out forms on your mobile device or computer, you must download Adobe Acrobat Reader. Fillable form fields in the PDF allow you to fill out forms by entering information into form fields.

If the fillable form fields are NOT visible when you open the PDF form, Adobe Reader is not installed. We recommend that you install Adobe Acrobat Reader get.adobe.com/reader/ or download the player from an app store. Search tags: how to apply for legal separation in Florida, FL separation laws, legal separation, financial separation in Florida There is no formal right to legal separation in Florida. Legal separation may be formalized in some states, but it is absent from Florida laws. There are several steps a couple can take to address legal separation. A notable example is a post-nup agreement. In addition, the courts have the right to impose both alimony and alimony if no petition for divorce is filed. The same law also allows separated spouses to apply for maintenance, even in situations where the spouses have not filed for divorce.

Exactly this scenario is a little rarer, but clearly defined in the statutes. In practice, courts are not as likely to provide child support as child support. Remember that this principle applies to spouses who want legal separation and do not agree on alimony. Most courts will gladly sign a voluntary separation agreement between spouses in Florida. When a couple goes through a legal divorce, the courts may reconsider issues of (visitation/custody), child support and spousal maintenance, as well as the division of marital property and property. Spouses could move to another state while living separately and separately. This could make a divorce much more complicated. We`ll cover some of the questions on this topic below, but we`ll continue to call it a „legal separation,“ even though it`s not recognized in Florida.

Unlike other states, Florida does not officially recognize a „legal separation.“ If you want to separate from your spouse, that is, live apart but remain married, you can do so without submitting a special form or application to the court. You are considered separate from your spouse if you both have separate apartments, pay your own separate expenses, and don`t mix the funds into a joint account. Some states recognize legal separation. The spouse can take legal action to obtain an order establishing that the parties are legally separated. The parties are still married, but the court makes an order on matters such as custody, child support, spousal support and division of property. If one of the spouses applies for maintenance, the court has the right to decide on the financial obligations of one of the spouses to the other spouse and the child, if any. Florida courts can determine the child`s primary residence throughout the separation period, meaning the courts will determine which parent has custody during the separation. In addition, the courts determine the custody and access rights of the parties during the separation (taking into account the number of children, the hours of work of each parent and the primary custody during the separation). The only thing you can`t do when creating your separation documents is absolutely „pinning“ parenting regulations (or in other words, custody provisions).

Yes, you can complete a parenting plan, sign it, have it notarized, and keep a copy for future use. However, due to the nature of detention in Florida, the court will still have the ability to consider custody provisions in the future. Florida law requires that courts always consider the best interests of children in divorce cases. This means that an informal parenting plan signed during the legal separation attempt does not necessarily remain in place afterwards.