Why Would You Get a Legal Separation Instead of a Divorce In Florida?
What is a legal separation?
Even though approximately 50% of marriages end in divorce, not all couples with marital problems want to go through the divorce process. Some may choose legal separation. If you are undergoing such an experience and wish to know what is a legal separation in Florida, keep reading.
A married couple may formally separate while still legally wed through a legal separation. A spouse may initiate legal action to get a court order stating that the parties are lawfully separated.
The court provides an order regarding problems like custody, spousal support, child support, and property split, even if the parties are still legally married.
Is Legal Separation Available in Florida?
Only a few states, including Florida, do not provide legal separation as a recognized legal procedure. Couples can live apart from one another without a court order inside the state. Both spouses may approach the court for advice on custody, visitation, or support matters if they have children.
Another choice is to submit a formal petition (request) for support unrelated to dissolution, which enables one spouse to obtain spousal and child support from the spouse who left the marital residence without submitting a divorce petition. This request would deal with support-related concerns but not those involving custody and timesharing.
You must seek the court to determine your child’s primary residence if you want a court order regarding custody.
The Last Solution
Couples in complicated relationships may choose to part ways instead of living in a mismatched relationship. But why would you get a legal separation instead of a divorce in Florida? Many couples choose legal separation over divorce for various reasons, such as religious considerations, health insurance concerns, social security and pension advantages, and even a wish to eventually reunite.
Before choosing that course of action in Florida, you should consider a few unexpected legal separation facts. Six states, including Florida, do not recognize legal separation. In some states, spouses can apply for legal separation, which enables them to settle disputes over things like spousal maintenance, child custody, and child support payments. Legal separation is not explicitly defined by Florida law.
Couples in Florida who want to separate or maintain their financial situation without getting a divorce might benefit from statutes that allow them to negotiate or litigate spousal support, child support, and timesharing (custody/visitation) concerns without filing for divorce.
The couple obtains legal separation through a court decree even though they are technically married. Decisions taken during the separation process are also not legally binding if either spouse later applies for divorce.
The moment a couple decides to file for divorce legally, the courts have the authority to revisit custody and visitation arrangements, spousal and child support obligations, and the partition of marital property and assets.
While separating may be the best action plan for you and your spouse, it is not always the simplest if you have children or complicated asset holdings and require judgments regarding these matters to be legally binding.
How quickly can you divorce in Florida?
A Simplified Dissolution of Marriage in Florida typically takes 30 days and is frequently referred to as a “fast” divorce. If both partners are on board, they don’t have any children, have resided in Florida for at least six months, and aren’t requesting alimony.
How to File for Legal Separation in Florida
Many couples end up with bad marriages. Divorce and legal separation are the options for couples who do not wish to stay in an unhappy relationship.
When a marriage fails, it’s usually for one partner to leave the family home. Before one of the spouses starts the formal process of dissolving the marriage, the couple may live apart for months or even years. However, living apart and getting a divorce are two different things; therefore, if you are wondering how to file for legal separation in Florida.
Legal separation is recognized in some states. In order to secure a court order stating that the parties are lawfully separated, a spouse may initiate legal action. The court ruled about problems like child custody, spousal support, child support, and property split, even though the couple is still legally married.
But how can you start the formal separation process in Florida? In other words, Florida does not allow for legal separation. Legal separation is a special legal status that only exists in a few states; Florida is not one of them. A court petition cannot request a legal separation. Even though you live apart, you are still regarded as a married couple until you apply for and receive a dissolution of marriage from the Florida courts.
In Florida, separation merely refers to a married couple not residing together. However, such a position by itself has no legal significance.