Married people who earn less than their partner should know that child support agreements are not necessary if they separate from their partner. Since separation is not legally recognized, simply moving to a new residence is not enough for the court to require payment from your partner. 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 same law also allows separated spouses to apply for maintenance, even in situations where the spouses have not filed for divorce. Exactly this scenario is a little rarer, but clearly defined in the statutes. In practice, courts are not as likely to provide child support as child support. Remember that this principle applies to spouses who want legal separation and do not agree on alimony. Most courts will gladly sign a voluntary separation agreement between spouses in Florida. 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. Couples can file for divorce in any U.S. state. However, couples may want to retain some of the legal and tax benefits of marriage while living apart, either due to irrevocable differences or for professional reasons. 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 a petition with the court to grant interim measures so that you can stay home during the divorce. Divorce proceedings in Florida can typically take anywhere from several weeks to several months. If both parties agree on the details of the divorce, the procedure is usually much faster. So how long do you have to be apart to start divorce proceedings in Florida? If you`re looking to end your marriage, talk to a divorce attorney in Orlando at Donna Hung Law Group to help you navigate the Florida divorce process. However, legally separated couples can still ask for things like child support, child support, and more than if they were divorced. If one of the spouses applies for maintenance, the court has the right to decide 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 separation period, meaning the courts will determine which parent has custody 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). While legal separation is not the solution to all poor marriages, in some cases it provides one or both spouses with additional benefits and protections that would not be available to them if they simply filed for divorce. You and your spouse do not exercise. There have been arguments and disagreements, or perhaps you have both calmly decided that you no longer have a future together. But for one reason or another, you hesitate to file for divorce. Maybe you just have a personal aversion to “divorce” and don`t want to be seen as a divorcee. Or maybe your religious beliefs and teachings disapprove of “divorce” and you don`t want to hurt your beliefs. Or maybe you believe a divorce is “chaotic” and expensive and would rather avoid the hassle. You wonder if legal separation could be the answer to your concerns. 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. Florida does not have a legal separation process. In fact, the state government does not recognize legal separation as a separate state such as “single” or “married.” There is no specific law defining legal separation in the Sunshine State, and Florida does not recognize legal separations. On the contrary, a couple seeking legal recognition of their physical separation without divorce uses several different state laws. These include laws allowing child support during legal separation, giving the couple the opportunity to draft a marriage separation agreement, and providing for alimony in certain cases of legal separation without divorce. You might be able to achieve the same result of a legal separation by creating a post-marital agreement (assuming you and your spouse talk to each other and can agree on the terms). It may be best to have this agreement drafted by a lawyer to ensure that it complies with legal requirements and includes all the necessary conditions.

For example, if a woman becomes pregnant while living apart from her husband, the husband is still considered the legal father of the child. The alleged mother, father or father should bring a paternity action to determine which man has parental rights. Fact #1: Florida is one of six states that do not recognize legal separation. o What property, if any, is a spouse allowed to take and keep? Couples in Florida can separate at any time during the wedding and do so without notifying the other or filing a document in court. (Since there is no law in Florida that provides for legal separation, the court does not need to be involved in the case of a couple who wants to live apart.) However, married couples seeking legal separation must voluntarily apply to the courts for such agreements. If a couple only enters into a voluntary agreement between them, even if it is in writing, it is unenforceable and one or both parties may decide at any time to ignore the agreement. 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.