Legal Separation in Florida
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There is no formal or defined legal separation in Florida. However, a provision named Petition for Support Disconnected with Dissolution of marriage where a partner gets alimony, child custody and visitation and child support through a court order.
Florida is a no-fault divorce state and it does not recognize any documentation for the legal separation. There is no residency requirement to file for separation as the statute of Florida does not recognize it. The only way to be legally separated is to prepare a settlement agreement which provides the terms of separation such as alimony, custodial issues, property division, etc.
The execution of the mediation of separation agreement lays a firm ground for the provisions concerning spousal support, child custody and support for when the couple eventually decides to seek a divorce.
The separation agreement is to be signed by both the spouses in front of the attorneys and has to be notarized. However, this only lays the base of the divorce settlement and is not termed or considered as a legal separation of partners.
The state which need some fault in the relationship to grant a divorce have come up with the idea of legal separation so as not to break the marriage but also to avoid living with a person with faults. There is no such thing as legal separation in Florida. But, there are two methods by which you can stay married but lead your different lives.
These methods are similar to legal separation and are recognized by the statute of Florida. These are called marital separation orders.
Marital Separation Orders:
In the Marital Separation orders, provisions are made such that the couple gets an equal distribution of the property as well as the debts and responsibilities. These include the responsibility of childcare, support, medicare and other marital issues.
Another advantage of the marital separation orders is that you can reconcile and live together as a couple or stay together after sorting the childcare and property issues which is a binding agreement as it is signed by both the parties and drafted by the attorneys.
Similarly, a settlement agreement in Florida is a legal contract signed by both the parties to govern child and support issues along with the other marital issues which draw couples to the divorce. In a way, this agreement can also be used as a blueprint for the divorce settlement if the couple eventually decides to seek a divorce.
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