Frequently Asked Questions About Legal Separation
Some couples are ready to separate, but not divorce. Maybe they haven´t fully decided and they want to test being apart. Maybe it doesn´t make financial sense for the family to divorce at this time.
Whatever the reason, it´s not uncommon for a client to ask me, “What is the difference between legal separation and divorce?”
The answer is actually easy. There is no formal legal separation in Florida.
Other states have a court process to separate that allows the court to decide parenting issues, child support, division of property, and alimony.
In Florida, you can agree to separate and maybe you will even draft a written separation agreement. There is no method for filing that separation agreement in a Florida court, however. During your period of separation, you remain married and there is no method for the court to formally adopt your agreement as a court order. If a breach of the agreement is later alleged, any court review of the allegations will be similar as any other type of contract.
The one thing you can do in Florida is ask the court to decide financial support even if you’re not filing for divorce. This type of request would not address parenting and division of property.
Whatever the reason, it´s not uncommon for a client to ask me, “What is the difference between legal separation and divorce?”
The answer is actually easy. There is no formal legal separation in Florida.
Other states have a court process to separate that allows the court to decide parenting issues, child support, division of property, and alimony.
In Florida, you can agree to separate and maybe you will even draft a written separation agreement. There is no method for filing that separation agreement in a Florida court, however. During your period of separation, you remain married and there is no method for the court to formally adopt your agreement as a court order. If a breach of the agreement is later alleged, any court review of the allegations will be similar as any other type of contract.
The one thing you can do in Florida is ask the court to decide financial support even if you’re not filing for divorce. This type of request would not address parenting and division of property.