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Legal Separation: Is it Allowed in Florida?

Legal Separation in FloridaStatistics show that the old adage that ‘half of all marriages end in divorce’ is not really true. Still, countless couples decide to dissolve their partnerships through divorce proceedings every day. Women may file for two-thirds of divorces, but every couple could use divorce help when the time comes.

In places where ‘no fault’ divorces are not permitted, people may need legal help with their contested divorce forms, which can allow them to end their marriages on grounds of adultery, abuse, desertion, drug use, or other reasons. However, Florida happens to be a ‘no fault’ divorce state, meaning that either party can file divorce papers without giving a reason other than the fact their marriage is ‘irretrievably broken.’

But even though it’s easier for couples to divorce in Florida, some couples may want to seek a legal separation instead. In some states, a legal separation can provide an alternative to messy legal proceedings and complicated contested divorce forms. These legal separations allow couples to reach an agreement on property division and child custody without going through emotional legal proceedings. In rare cases, couples even work out their problems without the need for an official divorce.

However, Florida does not recognize legal separation. Neither does Texas, Pennsylvania, Delaware, Mississippi, or Georgia. That being said, there is still another option for Florida residents to pursue.

First, you can file for divorce or second, you can seek child support and/or alimony unconnected with divorce.

If you choose to file for divorce, you will proceed with the legal requirements and time deadlines under Florida law and you will get a chance to settle your case prior to going to Court. If you don’t settle, you will present your case to the Judge and the Judge will decide the disputed issues.

Your second option would be to seek Support Unconnected with Divorce.  If, for whatever reason, you do not wish to file for divorce but you need financial assistance from your spouse, you can seek alimony and/or child support under Florida Statutes 61.09.  This is a little known law that can be very useful if you and your spouse are separated and he or she tries to cut you off financially.

If you have additional questions about seeking a full divorce or limited divorce through court adjudication in West Palm Beach, Florida, our low cost divorce attorneys can help provide you with answers and peace of mind. For more information or to schedule a consultation, please contact the Affordable Divorce Center today.

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Affordable Divorce Center
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West Palm Beach, FL 33401
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