Clearwater Legal Separation
Can you separate in Florida?
K. Dean Kantaras is Board Certified in Marital and Family Law by the Florida Bar
You may be somewhat confused about pursuing a separation in Clearwater or in Florida. The truth is that your confusion is well-founded: in spite of what you may have heard or what you know from other states, a Clearwater legal separation is not possible.
You may have stopped cohabiting with your spouse and you may not maintain any type of relationship, but Florida law does not designate any special status for this. However, living separately, or the terms of your relationship, could have an influence on court decisions regarding child custody and visitation.
If you are considering marriage dissolution, contact our attorneys for alternatives to separation in Clearwater.
Clarification: what is legal separation?
Legal separation is a category of marital dissolution afforded by some states. In many ways, legal separation carries the same legal weight as divorce, with one notable exception: legally separated couples are prohibited from marrying other partners. Beyond that, a legal separation, like a divorce settlement agreement, decides many important issues:
- Child custody and child support
- Division of property and assets
- Alimony (spousal support)
- Visitation rights
One might wonder, then, why separation exists in some states? People who choose separation over divorce often have compelling reasons:
- To retain health benefits and tax advantages with their spouses
- To avoid divorce for religious or moral reasons
- To settle issues while waiting to meet divorce eligibility requirements
Legal separation is not advisable for couples who want ‘to take a break’ and ‘figure things out’ before getting back together. Perhaps, due to the similarities between legal separation and divorce, some states, such as Florida, decided that separation was not necessary.
Alternatives to separation
Given that a Clearwater legal separation is not possible, attorneys at Kantaras & Andreopoulos advise clients who would have pursued separation to consider a divorce. Obviously, decisions to divorce, like decisions to marry, should not be made in haste. However, if your marital problems are serious enough for you to start considering legal action, then they are serious enough to contact a divorce attorney in Clearwater.
