Is there such a thing as legal separation in Florida?
and if there is does anyone know the cost? Thanks so much for your kind help.
- Anonymous9 years agoFavorite Answer
Examining the differences between divorce and marital separation in Florida.
Florida family law provisions establish the grounds upon which you can seek a divorce or obtain orders legalizing your marital separation. In addition, Florida statutes dictate the procedures used to pursue both divorce and legal separation. As you contemplate the future of your marriage, exploring these two options is a necessary step.
A prevalent misconception in Florida is that there is one statute governing legal separations. In fact, there is no specific law outlining legal separation in the Sunshine State. Rather, a couple interested in legally recognizing their physical separation without divorcing take advantage of several different laws in the state. These include laws that permit child support during marital separation, grant the couple the ability to draft a marital separation agreement, and award alimony in certain cases of marital separation absent divorce.
Under Florida law, the functions of divorce and marital separation confirmed by a court order largely are similar. Through both types of legal process, common objectives include establishing financial support for the children, dealing with division of assets and debts, and granting alimony in some cases. The primary functional difference is that through divorce a marriage terminates. A couple remain married through the marital separation process.
Florida law does not favor marital separation (legal separation) when there is no significant reason to forgo a divorce. Florida courts require a demonstration of a meaningful reason for marital separation as opposed to divorce. An example is a situation in which a spouse is in the midst of medical treatment of some sort and would lose insurance coverage upon a divorce.
A Florida divorce can be sought for irreconcilable differences. Irreconcilable differences means the couple can no longer meet the goals of marriage and there is no reasonable hope for reconciliation. A marital or legal separation in Florida requires that the parties physically live apart. There are no other specific requirements to obtain legal orders supporting that physical separation.
Florida marital separation and divorce cases are complex and challenging. Therefore, consider seriously obtaining the assistance of an experienced attorney to represent you. The Florida Bar Association maintains a directory of attorneys in different practice areas, including family law. Contact the organization at:
Florida Bar Association
651 E. Jefferson St.
Tallahassee, FL 32399-2300
Read more: Florida Legal Separation Vs. Divorce | eHow.com http://www.ehow.com/about_6197281_florida-legal-se...
- norstrudLv 43 years ago
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