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? Let Advocate Law Firm, P.A. Help

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.

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.

Is Legal Separation Recognized in Florida?

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.

Exploring the Advantages 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 explore your options.

Get Professional Support from Our Lakeland Legal Separation Team

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.

What Happens With Child Custody and Support During a Separation in Florida?

In Florida, while the state does not formally recognize legal separation, couples can still seek temporary orders regarding child custody and support. If parents decide to live separately without divorcing, it is crucial to establish a clear arrangement for the care and financial support of their children. A separation agreement, which can be negotiated between the parents and legally formalized, is often used to outline these responsibilities.

When parents separate, the court may issue temporary custody orders to define where the children will primarily live and how time-sharing between parents will work. These orders can also include decisions about who will make key choices regarding the children’s education, healthcare, and general well-being. Florida law prioritizes the best interests of the child, so the court aims to ensure that both parents remain involved in their child’s life, unless circumstances suggest otherwise.

In addition to custody, the issue of child support must also be addressed during a separation. Florida’s child support guidelines are based on each parent’s income, the number of children, and the time each parent spends with them. Even during a separation, both parents are legally obligated to financially support their children, and a formal agreement can ensure these obligations are clear and enforceable.

By working with a Lakeland legal separation attorney, parents can secure the legal protections they need during separation, including the proper establishment of child custody and support agreements.

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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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