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What Is Legally Separated in Florida

Here`s how to separate from your spouse and make sure you`re both legally protected. In some cases, a spouse can apply to the court for domestic support without filing for divorce. One of the spouses can apply to the court for child benefits or spousal support if the spouse needs the support and the other spouse has the option of paying the support. The court shall make a decision on the basis of what it considers to be fair and proportionate having regard to the circumstances and facts of the case. If you want to leave your spouse legally, you usually have three possible options: divorce, annulment and separation. Most states recognize all this in one way or another, and offer the possibility of making them legally binding. During my dissolution hearing, he even acted like a gentleman to my ex-wife, and his mannerism in the courtroom was unmatched by what I had to go through with the opposing lawyer. Jason explained to me that he listened and guided me before and during court by redirecting questions for a better explanation instead of just answering yes or no questions from opposing lawyers. I understand that it`s a consultant`s strategy to ask yes or no questions only when he wants to make a point, but during Jason`s cross-examination, he filled all the holes I had dug for myself and allowed me to work with my answers. “Separating” in this context means that the couple lives separately from each other in different residences.

Each spouse pays the cost of their own household and both partners no longer have joint bank accounts and do not open loan or deposit accounts together. If the couple has children, the children live with one of the separated parents and can visit the other parent on a schedule. If a married couple lives separately and separately in Florida, it doesn`t mean they`re legally separated. They are still considered married by the court. Unlike other states, “legal separation” is not recognized by Florida law. It`s not something you can submit. Nevertheless, separate life is usually what happens when a marriage is engaged in divorce. In many cases, there is also a factual dispute about the date of separation, as the parties may slowly separate or perform a trial separation before deciding on a full divorce.

Although Florida courts do not recognize legal separation, the court may consider the date the parties separated in the division of assets or liabilities. According to florida statute § 61.075(7), “different assets may be valued at different times depending on the judge`s discretion.” The couple remains legally married, but obtains legal separation in the form of a court order. If they have children and live separately or still live together, each spouse can apply for a court ruling on issues such as custody and access (timeshare) and child support payments. Spouses who live separately and separately may date other people while they are still married. Florida is a state of flawless divorce, so adultery is usually not taken into account when the parties request the dissolution of the marriage. However, dating while you are separated can have a negative impact on your divorce in some cases. Unlike other states, Florida does not officially recognize “legal separation.” If you want to separate from your spouse, i.e. live separately but remain married, you can do so without filing a special form or application with the court. You are presumed to be separated from your spouse if you both have separate residences, pay your own separate expenses, and do not mix the funds into a joint account. Some States recognize legal separation. A spouse may initiate legal proceedings to obtain an order declaring that the parties are legally separated.

The parties are still married, but the court makes an order regarding matters such as custody, family allowances, spousal support and asset division. In certain limited situations, there is a provision under Florida Act 61.09 that provides spousal and dependent child benefits that have nothing to do with divorce. If a couple lives separately and one of the spouses is able to contribute to the financial support of their spouse and minor child and does not provide that support, the spouse who is to receive the support can apply to the court for child support without filing for divorce. It is then up to the court to decide what is “fair and reasonable.” This law has no influence on divorce proceedings. In Florida, a legal separation signed by the court is not and cannot be the answer to your concerns. As mentioned earlier, Florida`s laws do not give troubled spouses the opportunity to legally separate. .