Marital Separation in Florida
Marital laws varies state to state. In Florida, there is mot any right for the legal separation. Yes, in other states this law is formalized but it is absent in the laws of Florida. In Florida, there is a way for the separation- a post-nup agreement. In the absence of divorce filing, courts have the right to impose both child support and alimony. In simple words, if you want to live separate from your ex you can live but remain married. You will be separated from your spouse when both of you will have separate residence, paying your own expenditures and don’t have any fund in your joint accounts.
You can not file case for legal separation, but you can be able to accomplish the same result of a legal separation by creating a postnuptial agreement. It means that you and your partner are speaking with one another and can agree on the terms. If you have also a child, then you must care full of her/him as courts provide child laws for the education and other care of the children. The court can always revisit children’s issues. The issues that you may want in the agreement include:
- Who will live in the residence or you want to sell?
- How will payments of child support and alimony be made? When are these payments due?
- How much support will be given to spouse from the other spouse?
- What property will one spouse be allowed to take and keep? What about the children? If you have small children, which parent will those children live with?
- How much time will the other parent get with the kids, and what will be the exact schedule?
- If a problem with the schedule occurs, what is the other spouse supposed to do?
Florida law commands postnuptial agreements to:
- 1. You must do all agreements in writing. Oral agreements while communicating between the two spouses before a marriage in place of a pre or post-nuptial agreement will not be accepted or considered.
- 2. All the documents and agreements are signed by both of the parties.
- 3. There needs to be full communication between both spouses. It means that you and your ex must confirm that you have been entirely truthful with each other about your income, possessions, and obligations.