Legal separation is often a less publicized part of the dissolution process, but its impact on families and individuals can be significant. If you’re wondering how to file for legal separation in Florida, keep reading to learn more about legal separation and the implications of the process.
There is a distinction between legal separation and divorce; each process still ends your marriage, but only divorce will dissolve that marriage as a legal entity. Legal separation means that you and your spouse will be living apart, ending your marriage as if you had been through the divorce process, but you are not yet legally divorced.
You may be considering legal separation in the following situations:
- In some cases, separation may be necessary to determine viable options for reconciliation, or to gain legal protections before they are needed.
- In other cases, legal separation may be needed so that one spouse can move forward with their life while protecting the rights and assets of the other one.
If you wish to file for legal separation in Florida, your rights as a legal resident will allow you to do this in court. You must file under Chapter 61 of the Florida Statutes, also referred to as the Florida Dissolution of Marriage Act.
To file for legal separation in Florida, follow these steps:
Florida courts are interested in the best interests of children during a dissolution process, so you may need to attend a parenting class if you have children under 18 years old.
Some states offer a legal separation process that is different from divorce, but in Florida, the process is similar. There are some differences to be aware of, so you should be prepared for your first court appearance.
In Florida, common law marriage is recognized and your separation will likely not have any implications on your status as a common law spouse. Your case may be more complicated if you have established common law relationships or contract provisions relating to separation in a premarital agreement.
For detailed information regarding the procedure to follow when filing for legal separation in Florida, please review the following article: Filing a Petition for Legal Separation in Florida: A How-To.
You can take several steps to make the legal separation process easier. These include:
For more information regarding practical implications you may face in filing for legal separation in Florida, review the following article: How to File for Legal Separation in Florida: FAQs.
Many individuals ask about the implications of legal separation on alimony, child support, and other important legal matters. The amount of child support and alimony you can collect will vary based on the length of your marriage and the frequency of special expenses you pay for your children. Either parent can request a temporary allowance while waiting for the outcome of the divorce. This will usually be honored by the Florida courts in divorce proceedings.
It is not legal to share financial resources with a live-in partner if you are getting separated in Florida. All debts accrued during the marriage are separate debts belonging to you and your spouse, but once you are separated, all debt that is simultaneously acquired are the individual debts of the spouse who acquired them.
This may seem like a dumb question, but many individuals going through the legal separation process ask if they can afford to live apart. If you are worried about having enough money to make two separate lives work financially, consider the costs you save when you decide to live separately. Your living expenses will be reduced, your health care costs will be reduced, and you may find that separation offers enjoyable freedoms that help you maintain your mental health in stressful times.
The best advice for anyone facing legal matters such as filing for legal separation is to consult an attorney. As an experienced legal advisor, Scott L. Levine has helped countless clients navigate the dissolution process with compassion and experience that can make all the difference. By reviewing your rights and getting help with court paperwork, attorney’s fees, and custody issues, you can move forward with your filing for legal separation in Florida with confidence.
In addition, we encourage you to consider selecting a law office that will provide more than just past court case results. Reviews from previous clients can be a better representation of the service, commitment to client satisfaction, and compassion offered by an attorney. Scott Levine can help you resolve your legal separation case with great skill and compassion, so you can move forward with a healthy separation.
For more information on legal separation, you can visit Nolo’s Legal Separation Overview.
