Marriage separation is always difficult and couples give their best before signing the dotted line. But whether separation in Florida is legal or not?
No Formal Right to Legal Separation in Florida
Although legal separation may be formalized in some states, it is absent in the statutes of Florida. Separating couples can take measures towards a similar arrangement although.
Post-nuptial arrangement is one of the ways. But is the absence of divorce filing, courts have the right to impose child support and alimony.
How to Go About Separation?
You can file for child and spousal support. Even if you are about to reach a marital agreement without court, it can be included.
Support for children is always there in the law as they are born as a consequence of the wedding. The court will award child support to the spouse caring for the children. For those kids who were born out of the wedlock, paternity has to be proven for the court to grant the child support.
However, alimony is not as easy to get as the support for children. It is especially true where the spouses are in disagreement. While the law allows separated spouses who are not divorced to seek alimony, but the chances of getting an award are rare or unlikely.
Steps for Legal Separation in Florida
Creating a Florida Separation Agreement is easy with Forms.Legal. Fill the details correctly and the draft agreement is ready to be signed. Here are some details that you’ll have to provide:
Details about Children
- Does the couple has a kid as a consequence of the wedding?
- Is at-least one child dependent on you?
Separation Agreement Type
- A temporary agreement has limited validity until the new agreement takes its place.
- Standard agreements are valid even after the divorce.
Details of Both Parties (First & Second Party)
- It includes name, and address and gender
Details of Marriage
- Did marriage take place in the US?
- More details for marriages that took place in the US.
Details of Separation
- Is the couple living separately or together
- If they have started to live separately, then the date would have to be provided.
Details of Dependent Children
- If there is more than one child, separated details for each of them have to be provided.
Child Custody Details
The parent who is responsible for the care of the child is called the custodial parent. It can be solo or joint.
- In solo custody, one parent has the rights to decide on the matters about health, education and its welfare.
- In joint custody, both the parents share the responsibility but the child stays with one of the parents.
Child Visitation Details
- The details about how the other parent will pay regular and vacation visits have to be provided.
Child Support Details
- The non-custodian parent will have to pay for the child support to the other parent.
- The contribution of the husband in child support has to be mentioned. Usually, the wife is the custodian of the child.
- The details of any additional costs have to be provided. Who will bear these costs and how much the husband will pay towards it?
- Who will pay the health insurance costs? The detail has to be provided.
- When will the payment end? The details need to be provided.
Support for Spouse
- Whether it will be provided or not?
- Details of assets entitlement to husband or wife will have to be provided.
Details of Debts
- The details of debts of husband or wife and who will be responsible towards them? It has to be provided.
- When will the agreement be signed?
- Inclusion of Certificate of Legal Advice or not.
The agreement will be signed in-front of attorney and/or witnesses.
Create an agreement for marital separation in Florida at Forms.Legal easily. Sign up for free with leading legal forms site in the US and get access to other forms too!