There are many myths surrounding legal separation. Many people believe that it's a method to be able to live a life apart from your spouse and avoid divorced. Others believe that it's an option that allows the separation of your assets and possessions apart and from the spouse.
The reality is that legal separation in Florida is not one of these things.
In Florida it is not possible to legally separate by your spouse. The only method of separation with your partner is to get a divorce. If you're considering seeking a divorce, talking with an attorney about the process and the things you should anticipate is vital.
What is Legal Separation?
Legal separation can be described as a method which allows couple who are married to reside apart from one another while being married. This does not permit couples the ability to hold their properties or assets apart. Most often the use of legal separation is to get time to wait before the divorce process can be completed.
Separation Agreement in Florida
The separation contract is a contract between spouses that defines the terms of separation. The agreement may include child custody and child support, as well as spouse support, and distribution of assets.
But, Florida State does not recognize legal separation. This means that the terms of a arrangement for separation within Florida with two partners won't be legally binding. If you choose to get divorced the terms of your separation agreement will likely to be included in the divorce decree.
Additionally, you are not able to petition for an official separation in an official court in Florida. There are a variety of aspects that must be taken care of prior to filing divorce from Florida. Here are some:
You're Legally Wed to Your Spouse
If you divorce your spouse, you remain legally tied to them. It means you're still accountable to the other's financial and legal obligations. Also, you are still accountable for any obligations or debts that you share.
Additionally, you cannot marry again since you are legally married. If you are planning to get married again, you'll first have in order to get divorced.
You Are Not able to Share the property or assets of your spouse
You cannot be part of their assets or properties. This is also not possible to share any support or property they might have accumulated in the course of separation. If you wish to share in their assets or investment, you have to seek divorce.
You are not able to file in the name of a child for Support as well as Custody
It is not possible to apply for the child's support, custody or even for child support. The reason behind this is because the court will consider that you're currently married to the spouse of your. Furthermore, the court can grant custody of the child to you and your partner in the event that they're deemed to be a suitable parent.
To sum It All Up
As we've already previously discussed the legal separation process within Florida does not constitute a procedure which allows couples to live apart but still be married. It's used to gain time prior to getting divorced in the majority of instances. If you're considering having a divorce, it's important to consult with the attorney regarding the procedure and what to anticipate.
