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Legal Separations THE ROAD TO RESOLUTION STARTS HERE AGGRESSIVE REPRESENTATION WHEN YOU NEED IT THE MOST

Lakeland Legal Separation Attorney

Choosing to Separate Instead of Filing for Divorce

While the legal statutes of Florida do not specifically address the term “legal separation,” there are several legal issues that may apply when spouses choose to separate instead of filing for a divorce.

These issues may involve, but are not limited to, the following:

  • Child Support & Alimony Issues;
  • Child Custody & Visitation Issues (“Parenting Plan & Timesharing”);
  • Division of Marital Property & Assets; and
  • Other Relevant Divorce-Related Issues.
Couple getting separated

In most cases, these issues are handled through family law mediation in an effort to reach amicable resolutions. This is because the state of Florida may choose not to award alimony to a person that is still married to his or her spouse. However, child custody, visitation, and child support issues are issues that the court will address between married spouses that do not reside together. However, each legal separation issue may have to be handled differently than if the spouses are legally seeking a divorce.

Does Florida Recognize Legal Separation?

Because the state of Florida does not legally recognize the term "legal separation", the "legal" part of the term basically refers to issues that the court will make rulings on just as if the parties we never married.

Such issues include the following:

  • Unwed Parents & Paternity Issues
  • Assets Purchased & Shared as a Couple
  • Use of Shared Bank Accounts

On the surface, family law issues in a legal separation may seem to be easier to resolve because the parties involved are not actively seeking to end the marriage. However, because the law handles family law issues between separated spouses differently from that of a divorce, these issues can become very complex.

Understanding the Benefits of Legal Separation

Legal separation can offer couples a viable alternative to divorce, providing them with the opportunity to live separately while still remaining legally married. This option allows for the division of assets, child custody arrangements, and spousal support without officially ending the marriage. Some of the benefits of legal separation include:

  • Financial protection for both spouses
  • Maintaining certain benefits such as healthcare or social security
  • Time for couples to work on their marriage without the finality of divorce
  • Religious or personal beliefs that oppose divorce

Our experienced Lakeland legal separation attorneys at Advocate Law Firm can guide you through the legal process and help you understand if legal separation is the right choice for your situation. Contact us today to schedule a consultation and learn more about your options.

Put a Skilled Legal Advocate in Your Corner with Advocate Law Firm

At my Lakeland divorce law firm, I can ensure you are fully aware of your legal rights as they apply to your legal separation, aggressively represent your rights, and ensure you always know of all of your legal options. We offer services in English and Spanish.

If you have questions or concerns, do not hesitate to contact my firm for your free consult.

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  • More Than 20 Years of Experience
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Commonly Asked Questions

What legal issues may arise when spouses choose to separate instead of filing for divorce?

Legal issues that may arise when spouses choose to separate instead of filing for divorce include child support and alimony issues, child custody and visitation issues, division of marital property and assets, and other relevant divorce-related issues.

Does Florida recognize legal separation?

Florida does not legally recognize the term 'legal separation.' However, the 'legal' part of the term refers to issues that the court will make rulings on just as if the parties were never married. These issues include unwed parents and paternity issues, assets purchased and shared as a couple, and use of shared bank accounts.

Are family law issues in a legal separation easier to resolve?

On the surface, family law issues in a legal separation may seem easier to resolve because the parties involved are not actively seeking to end the marriage. However, because the law handles family law issues between separated spouses differently from that of a divorce, these issues can become very complex.

How can a skilled legal advocate help with legal separation?

A skilled legal advocate can ensure that individuals are fully aware of their legal rights as they apply to legal separation, aggressively represent their rights, and ensure they always know of all of their legal options.

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