If the spouses have a legally binding marriage agreement, the terms of the agreement may apply, even if they live separately. Depending on the terms of the agreement, this could make the divorce process easier or more complicated if the spouses have lived apart for a long time. It is common for one of the spouses to leave the marital home when a marriage breaks down. The parties may live apart for several months or even years before one of the spouses initiates the judicial procedure for the dissolution of the marriage. However, separation of life and legal separation are not the same thing. Florida state law allows for the payment of alimony and alimony between separated couples. But separation is never legally distinguished or marked in state records, as might be the case in other states. The longer you live apart from your spouse, the more complicated your divorce proceedings can become if you apply for the dissolution of the marriage. Therefore, couples in Florida are in no way allowed to benefit from legal separation. If you are married and want to be legally separated, you will need to move to another state, live in that state for a few years, and then apply for legal separation through that state`s processes. 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. The main difference between divorce and legal separation is that legally separated people do not marry another person until they are completely divorced. Florida allows so-called “limited divorce,” which is similar to legal separation in other states. Reasons for limited divorce include cruelty, abandonment, and voluntary separation. The court determines the children`s principal residence, i.e. where the children spend most of their time. The court decides on the visitation rights of the non-custodial parent.
Florida requires separated parents to disclose their income and resources and charges a monthly subsidy amount paid by the non-custodial parent to the custodial parent. Finally, when an application for divorce is filed, the court deals with matters of access, custody and child support, as well as other agreements such as the division of property. If the couple does not divorce, they remain legally married. Problems can arise with debt and matrimonial property when spouses live apart for years before filing for divorce. Property acquired after separation may be considered marital property and be divided in the event of divorce. If a couple does not want to remarry but still wants to live apart, they can opt for separation instead. Although separated, they live as if they were divorced, but retain some or all of the above benefits. At my dissolution hearing, he seemed to be a gentleman even to my ex-wife, and his mannerism in the courtroom was second to none what I had to experience with opposing lawyers. Jason said he was a good listener and guided me before and during court by diverting questions for better explanation, rather than just answering yes or no to opposing lawyers` questions. I understand that it is the Council`s strategy of asking yes or no questions only if it wants to make a point, but during Jason`s cross-examination, he filled in all the gaps I had dug for myself and allowed me to find my answers. A separation agreement. This legally binding agreement may have the same result as legal separation in other jurisdictions.
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. So, in Florida, a court-approved legal separation is not and cannot be the answer to your concerns. As mentioned earlier, Florida laws do not give problematic spouses the opportunity to legally separate. However, this does not mean that separation from your spouse is not without benefits. You may have the right to take legal action to establish child support and/or child support. In addition, there are other ways to achieve the results of a legal separation, even if it does not exist in Florida.
