Tampa Legal Separation Attorney
If you are unhappy in your marriage, you may have considered your legal options and thought about possibly getting legally separated from your spouse. Unfortunately, there is a lot of conflicting information about legal separations in Florida. To be perfectly clear, the law in The Sunshine State does not recognize legal separation and therefore, you cannot get legally separated in the state. As such, if you and your spouse no longer want to act as a married couple, your options may be limited. Below, our Tampa legal separation attorney explains more.
What is Legal Separation?
In the states that allow it, legal separation allows spouses to live separate and apart while still remaining married. People obtain legal separations for many reasons. Sometimes, people just want to take some time to consider what they actually want. Other instances, couples may get legally separated instead of divorced due to religious or practical reasons. Regardless of the reason for a legal separation, couples still remain legally married and so, they cannot remarry.
Although Florida does not recognize legal separations, spouses can live separate and apart from each other. They do not need to get a divorce and they do not need to file any petitions or complaints to do so. Couples who do this, however, should seriously consider drafting a postnuptial agreement.
What is a Postnuptial Agreement?
A postnuptial agreement is very similar to a premarital agreement. These agreements outline terms of property division, time-sharing, parental responsibility, and more. The only difference between the two contracts is that premarital agreements are drafted prior to the couple’s marriage while postnuptial agreements are drafted after a couple is already married. A postnuptial agreement can also act as a separation agreement, but it should include the following terms:
- If the family home will be sold, or which party will reside in it,
- The amount, if any, alimony is paid by one spouse to the other,
- Where minor children will primarily reside,
- The amount of parenting time the non-custodial parent has with the children,
- The marital property each party can keep, and
- What constitutes a breach of the agreement and how that will be handled.
Like all contracts, postnuptial agreements must comply with Florida law, so it is important to work with an attorney when draftings yours.
Legal Separations in Other States
While couples in Florida cannot obtain a legal separation, the law in the state will recognize any separation agreements drafted in another state. For example, if the spouses lived in California while they were happily married and then after separating, one spouse moved to Florida, they would still be considered legally married while here. The terms of any agreement they drafted would also still apply.
Our Legal Separation Attorney in Tampa Can Help with Your Case
Legal separation has many benefits but for couples in Florida, it is not an option. If you want to remain legally married but live separate and apart from your spouse, it is important to speak to an attorney. At Florida Law Advisers, P.A., our Tampa legal separation attorney can advise you of your options and help you through the most appropriate process. Call us now at 1 (800) 990-7763 or contact us online to schedule a consultation.