How to Pursue Legal Separation in Florida: An In-Depth Guide

Legal Separation in Florida Explained

In Florida, couples must first separate before a divorce is finalized. A couple may agree and actually separate for good without ever formally getting a divorce. Legal separation is not utilized frequently, most divorcing couples live apart in different homes long before a divorce is completed. Often times couples legally separate, but then after a period of time goes by, decide that they do not want to get a divorce and it legally works out for them not to. The best way to legally separate in Florida is to file for divorce and have the case proceed for as long as you both want it to and then just dismiss the case without ever getting to a Final Hearing. However, if that option does not work for you and you want to get separated but not divorced, in Florida, a legal separation is your next best option. In order to legally separate in Florida , you will need to file for divorce and either petition or alert the Judge presiding over your divorce action, that you want a legal separation. The judge will then decide whether it is in the best interests of you and your spouse to separate and enter an Order of Separation. Equally important, an Order of Separation does not terminate the marriage, so the parties will still be married even if they go their separate ways.
A legal separation can give you the chance to think about whether or not you want to go through with a divorce. However, if you ultimately decide to go through with a divorce, the legal separation does not have any effect on the final decision for a divorce. Still, it is important to consider legal separation when thinking about ending your marriage.

Qualifying for a Legal Separation

Before you file for legal separation in Florida, you have to establish your eligibility. Here’s what you need to know:
In Florida, there are no legal separation requirements, such as you might find in states where you file a legal separation agreement before divorce. Instead, you can simply divide the property and debts between you and your spouse while knowing that in Florida these can be divided any time up to the entry of a final judgment of dissolution of marriage.
If you and your spouse agree to it, there is no time limit on separating. If there is a high level of conflict, up until the time a judge decides the case, the time you’ve spent separated doesn’t matter.
You can’t be legally separated in Florida unless at least one of the parties has "resided" in the state for six (6) months or more. If you were married in Florida and then move out of state, Florida courts will not have jurisdiction over your case, nor will your local courts.

Procedural Steps to File for Legal Separation

The first step in filing for legal separation in Florida is to determine the correct forms to use. You may either research these forms online and download them, or visit your local courthouse to request a petition for legal separation, a summons, an affidavit of military service, a blank final disposition form, and a prepared income deduction order. It is essential to fill out these documents as thoroughly as possible, as any omissions could lead to a denial or delay in the proceedings. At this time, you are required to pay the appropriate filing fee. The average filing fee varies by location, but $409.50 is a common amount.
Next, you should file the legal separation papers with the Clerk of Court in your area. Usually, the Clerk can take care of copies on-site; if they cannot, it is your responsibility to take care of having copies made. Additionally, you must have a copy sent or hand-delivered to your spouse. This is often done through certified mail or by publishing a notice in the newspaper. You must then wait for a response from your spouse.
If your spouse does not respond within the appropriate time or agrees to the legal separation, the court date will be set. On this day, both parties must appear before the judge so that a final judgment can be pronounced in favor of the legal separation. The judge will sign the final disposition form you prepared earlier.

Legal Separation Agreements

Once an action for legal separation has been initiated, the parties may choose to enter into a legal separation agreement that will detail the division of all assets and liabilities, child custody and parenting time, child support, and alimony. Alternatively, the Court may create a written legal separation agreement at the time of the final hearing using a marital settlement agreement as a template or drafting a new agreement altogether based upon the John Doe Dissolution of Marriage Motion with the findings of fact and final judgment incorporated into the agreement. Generally , the legal separation agreement is essentially the same as a divorce settlement agreement except that in a legal separation agreement, the parties remain married to each other, are not entitled to remarry, and do not automatically lose any rights to a final divorce by legally separating.

Pros and Cons of Legal Separation

There are pluses and minuses to the choice of legal separation as an option to divorce for spouses. Some couples may find that legal separation helps them try on separate living for a period to get used to the idea. The laws of Florida clearly state that this may only be accomplished by agreement between the parties as the law does not provide for judicial separation as does some other states in the United States. Legal separation also allows spouses to work on personal and financial issues together arranged in a parenting plan. Financial matters do not go into force as in a divorce. They can be worked through over a time period to ensure changes can be made when needed. A separation allows a couple to decide on temporary custody and support and to make decisions on who will pay what until a clear time of separation occurs. Support can be agreed and modified by the parties without any concern for the court system or any enforcement through contempt motions that can add considerable expense to both parties. A separation agreement should also include any expectations of transfers of property or bills to assess, when done within the agreement, the economic fallout can be handled before it gets into the court system. A separation agreement requires the signature of both parties and notary verification. It is then filed with the essential paperwork to initiate your divorce process.

Getting Legal Help

Seeking legal assistance can be a vital step in the process of filing for legal separation. A family law attorney can provide much-needed guidance, helping you navigate the complex waters of Florida divorce and separation laws. In complex matters such as asset division and child custody, legal guidance is essential to ensure that the separation or divorce proceeds in a fair and equitable manner.
When working with a family law attorney, be sure to choose a qualified and experienced professional. The Florida Bar provides a number of resources for those tasked with choosing an attorney, including the Florida Supreme Court-approved consumer pamphlet on family law.
Regardless of your budget, the right family law attorney can make a significant difference in the outcome of your case . Be sure to seek counsel from a professional who has experience in the relevant areas of family law. This experience is essential to ensuring that the case is handled in a professional and highly skilled manner.
The family law attorney you choose can provide representation throughout the separation, from filing the papers to making court appearances as needed. If child custody is involved, a family law attorney can be the advocate you need to secure child support in a timely manner, as well as receive timely visitation or custody.
If you are contemplating separation and divorce, take the time to speak to a qualified family law attorney about your case. Legal assistance can be critical to your case.