There are there main ways to leave your spouse:
divorce, legal separation, and
annulment. Although most states recognize all three, there are others that don’t.
There is no such thing as legal separation in Florida. This is unfortunate
for who want the legal protections divorce has to offer, without actually
doing so—often with hope that the relationship rekindles or for
However, the following are other ways you can separate from your spouse
while obtaining the same protections as legal separation in other states:
File a limited divorce – A limited or bifurcated divorce allows couples to separate and settle
some of their marital disputes without filing for a final divorce. In
other words, limited divorce is essentially the same thing as legal separation.
The court can resolve child custody and visitation matters, child support
issues, property division matters, and order spousal support payments.
File a petition for support – There are certain petitions which can be filed involving support
requests for couples without seeking a divorce. “Alimony and child
support unconnected with dissolution” allows a spouse/parent to
ensure he/she receives spousal support and the child is financially supported.
One or both parties do not need to have lived in Florida for at least
six months to file this petition—unlike divorce.
Draft a postnuptial agreement – While prenuptial agreements are created before a couple gets married,
post nuptial agreements can be made after the wedding bells have rung.
Similar to a prenup, not only does this document detail each party’s
rights and obligations when a divorce occurs, but also during the marriage.
In the event of a legal separation, the postnuptial agreement can determine
who cares for the children, how parenting time will be shared, how much
alimony the supported spouse will receive, and how much child support
will the custodial spouse pay.
For more information about legal separation in Daytona Beach,
request a consultation with our legal team at the
Law Offices of Robert Stepniak today.