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. Unlike other states, Florida does not officially recognize “legal separation.” If you want to separate from your spouse, i.e. live separately but remain married, you can do so without filing a special form or application with the court. You are presumed to be separated from your spouse if you both have separate residences, pay your own separate expenses, and do not mix the funds into a joint account. Florida allows for 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. Even though Florida does not recognize legal separation, couples can take certain legal precautions to protect their rights, assets, and children if they decide to formally divorce in the future. In Florida, there is no formal right to legal separation. Legal separation may be formalized in some states, but it is absent from Florida regulations. There are various steps a couple can take to get closer to an unmarried separation. A notable example is a post-up agreement. In addition, the courts have the right to impose both child support and child support if no application for divorce is filed. Even though 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 for others or additional redress during their separation. Even without separation orders, Florida law allows couples to make legal arrangements to formalize the terms of separation and structure a troubled marriage while the spouses live separately. These include: If a couple doesn`t want to remarry but still wants to live apart, they may decide to ask for separation instead.
When separated, they live divorced, but retain some or all of the above benefits. Fact #2: Just because legal separation isn`t recognized in Florida doesn`t mean you can`t make court-decided decisions or arrangements in areas such as child support and alimony without starting a divorce. 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, married couples who apply for legal separation must voluntarily apply to the courts for these agreements. If a couple only makes a voluntary agreement between them, even if it is in writing, it is unenforceable and one or both parties could decide to ignore the agreement at any time. It can be easy to confuse legal separation with temporary redress in a divorce case. When a spouse files for divorce, he or she may apply to the court for a temporary remedy for various matters. For example, a spouse may need the court to temporarily resolve issues related to custody, alimony and living conditions. If the spouses have a legally binding marriage contract, the terms of the agreement could come into play even if they live separately. Under the terms of the agreement, this could make the divorce process easier or more complicated if the spouses have lived apart for an extended period of time. 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.
When one of the spouses brings an action for maintenance, the court has the right to rule 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 period of separation, which means that the courts determine the custodial parent 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). 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. Contrary to popular belief, legal separation is not recognized in the state of Florida. Does this mean that a couple can apply for legal separation? Yes and no. Fact #3: Specific legal agreements relate to the formalization of separation requirements in Florida. In this article, we explain the truth about legal separation and the differences between divorce and separation.
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. 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. While living out of state, I was very lucky to have lawyer 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. Lawyer Iken proved to be a very competent, compassionate and consistent defender of my best interests. He was a good listener who gave accurate 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. Ultimately, if a married couple from Florida decides to separate but is not legally divorced, the official decision of the court is the one that says they are married. 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 an application with the court to provide temporary compensation so that you can stay in the apartment during the divorce. In addition, a couple can enter into a valid agreement at any time to divide all assets and liabilities.
Depending on the intent of the agreement, the agreement would be either a matrimonial settlement agreement or a post-marital arrangement. If you`re considering entering into an agreement as part of a separation or in anticipation of a possible divorce, it`s important to talk to an experienced family law lawyer to find out about your options. However, legally separated couples can still pursue things like alimony, child support, etc., just as they would if they were divorced. For example, don`t confuse legal separation in the event of a divorce in Orlando with temporary reparation. There are times when spouses must legally structure temporary and separate living conditions. After a divorce is filed, but before it becomes final, a spouse may need assistance with temporary placement, as well as with support payments, custody arrangements, child support or other transitional options. This is called a temporary remedy and is a court-ordered protective arrangement that supports both spouses while a divorce is in progress.