Marital Separation in Florida
While some states have established “legal separation” as an alternative to divorce, Florida is not one of those states. If you and your spouse choose to separate, one or both of you might prefer to avoid a formal dissolution of marriage for personal or religious reasons. The legal issues of divorce, such as custody of your children, division of property, and obligation to pay marital debts, are often still relevant, however, even if you have a separation without a court case or judgment. If you would like to end your marriage without getting a legal divorce, you may need to speak with a Miami divorce lawyer to find out how you can protect your rights.
When a marriage ends in separation, one or both spouses might want to find out whether alimony is an available option outside of a divorce case. Florida state laws permit an alimony request without a divorce filing. We can help you to file the paperwork in Miami for “support unconnected with dissolution of marriage.” If the court grants your request, you will receive a court judgment for alimony as part of a separation that doesn’t include divorce.
You and your spouse might also need to establish other financial terms related to your separation. If you don’t file for a dissolution of marriage, you may need to pursue other ways to establish your property rights. For example, you and your spouse might need to decide who will continue to live in the family home or how to divide your marital assets and debts. Without a formal dissolution of marriage, you won’t receive a court judgment containing the terms of your separation. However, you and your spouse can still negotiate a property settlement or post-nuptial agreement that makes financial decisions. You should understand that a properly-executed and signed property settlement or agreement likely becomes a binding contract. We can represent you during the property negotiations involved with your separation if you need a Miami divorce lawyer to explain or protect your rights before you enter into any agreements.
Parents who separate may need to establish their rights regarding custody, support, or both. You or the other parent might become your children’s primary residential parent or secondary residential parent. It might be necessary to arrange a parenting schedule so that you both know when to expect time with your children. One parent might also request child support from the other. Child-related legal issues don’t require a formal divorce in order to move forward — Montalvo Law Firm, P.A., can help you with the court paperwork to establish parental rights, set up a custody arrangement, or determine child support, all while respecting your choice to separate without filing for divorce.
