separation agreementThis is the first post in a series which will discuss the options for Florida spouses who wish to file for a legal separation. I am writing on this topic due to the fact that many individuals wish to separate from their spouse but do not wish to actually file for divorce. Florida law, however, is different from that of many other states when it comes to such a choice. The goal of my coming articles is to provide information which will help spouses to understand their options. It is also my goal to provide information which will help people to make an informed decision when they are selecting a family law attorney. If you require assistance then contact my office today to speak with a Melbourne lawyer.

I will be addressing several topics over my coming articles. Issues which I will address include:

  • The fact that Florida does not recognize “legal separations” and the options available to spouses
  • Preparing a post-nuptial agreement
  • Preparing a Petition for Support
  • How child custody is impacted by a separation
  • Reasons for parties to separate as opposed to filing for divorce

There are several reasons why residents of our area should understand these issues. First, Florida is different from many other states in that it does not allow for the formal filing of a “legal separation.” There are, however, options available to those who wish to separate and protect their legal rights. Second, a post-nuptial agreement can provide legal protections in terms of assets, debts, and other financial issues. Third, Florida law does allow one to file for spousal support or child support when they are separated. Fourth, it is important to understand which rights you will have, and not have, when separated. Finally, there are good reasons (such as healthcare) which may justify a separation as opposed to a divorce.

One point I cannot stress enough is that you should speak with a family law attorney immediately if you are separating from your spouse but not filing for divorce. Many people who separate from their spouse are surprised to learn that they are still “on the hook” for their significant other’s poor financial decisions. Counsel can help you take steps to ensure that your future financial interests are protected. As a Melbourne separation lawyer I assist those who are going through such a situation. Contact my office today to schedule an initial consultation. We also service clients in the Brevard County cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.

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