How does a legal separation work in Florida?
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How does a legal separation work in Florida?

| Aug 6, 2020 | Divorce

Florida does not recognize legal separations, which can make it harder for couples who have decided to physically separate prior to a divorce. Instead of a legal separation, what you may need to do is to reach temporary agreements or file for injunctive relief through the court. Once you and your spouse physically separate or make the decision to divorce, you can ask the court for temporary orders that will help.

If your spouse already filed for divorce, it is now time to start addressing the issues you need to resolve. Some of the issues you can address during your separation period include:

  • Setting up temporary time-sharing and custody schedules
  • Deciding who is going to stay in or leave the family home
  • Determining what to do if your home is in foreclosure or was for sale at the start of the divorce process
  • Determining what to do with your marital assets
  • Deciding who is going to pay for the expenses that the household continues to have
  • Discussing keeping your children in or taking them out of the state
  • Setting up temporary alimony
  • Setting up temporary child support

Sometimes, separations happen suddenly because of domestic violence or abuse. In those cases, you’ll want to work quickly with your attorney to resolve problems in your divorce and to get a restraining order if it’s necessary. In cases with domestic violence, you may not be able to negotiate with your ex, but your attorney will help you prepare for court if that is the case. Our website has more information about separating in divorce and what to expect.