How To Get A Legal Separation In Florida

How to Get a Legal Separation in Florida

Facing marital difficulties? A legal separation in Florida might be the right path for you. Unlike a divorce, a legal separation allows you to live apart while maintaining your marital status. This offers a period of reflection and potentially allows you to address issues before proceeding with a full divorce. Let's explore the process.

Understanding Legal Separation in Florida

A legal separation, also known as a separation decree, legally acknowledges the separation of a married couple while retaining their marital status. This differs significantly from a divorce, where the marriage is formally dissolved. A separation agreement outlines the terms of the separation, such as:

• Alimony: Spousal support payments.
• Child custody: Legal and physical custody arrangements for children.
• Child support: Financial support for children.
• Division of assets and debts: How marital property and debts will be handled.

Key distinctions between a legal separation and a divorce in Florida:

• Marital Status: Remains married after a legal separation. Divorce terminates the marriage.
• Re-marriage: Cannot re-marry while legally separated.
• Inheritance Rights: Maintain inheritance rights as a spouse.
• Tax Implications: May affect your tax filing status. Consult a tax professional for clarification.

Grounds for Legal Separation in Florida

Florida law requires a showing of grounds for legal separation, similar to grounds for divorce. Common grounds include:

• Irreconcilable differences: This is the most frequently used ground, signifying a breakdown of the marriage that cannot be reconciled.
• Abandonment: One spouse has left the marital home without intent to return.
• Extreme cruelty: Physical or emotional abuse.
• Adultery: Infidelity.
• Habitual drunkenness: Excessive alcohol consumption.
• Conviction of a felony: A felony conviction may serve as grounds for legal separation.

The Process of Obtaining a Legal Separation in Florida

The process generally involves:

1. Filing a Petition for Legal Separation

One spouse files a petition for legal separation with the appropriate Florida court, specifying the grounds for separation and requested relief.

2. Serving the Petition

The other spouse must be legally served with a copy of the petition.

3. Responding to the Petition

The served spouse then files a response, agreeing or contesting the claims in the petition.

4. Negotiating a Separation Agreement

Ideally, spouses will negotiate a mutually acceptable separation agreement. This agreement will detail the terms of the separation, including matters like child custody, child support, and alimony. It is highly advisable to seek legal counsel during this stage.

5. Court Hearing

If an agreement is reached, the court will review and approve the agreement and enter a final judgment of legal separation. If the parties cannot reach an agreement, the court will conduct a hearing to resolve the disputes.

6. Final Judgment

Once the court approves the agreement or makes rulings on disputed issues, it enters a final judgment of legal separation.

Considerations and Advice

Seeking legal counsel is crucial throughout the entire process. An experienced family law attorney can guide you through the complexities of Florida law, protect your rights, and help you negotiate a fair and equitable separation agreement.

Important Note: The information provided here is for educational purposes only and does not constitute legal advice. The specifics of your case may vary, and seeking professional legal assistance is strongly recommended.