You do not need a divorce to ask the court to decide on child maintenance, visitation and alimony. If you and your child`s other parent live separately and agree on the child`s accommodation and visiting conditions, you should ask the court to approve a voluntary agreement that matches your wishes. Agreements are also practical and can lead to separation without a break in body, but custody decisions are not engraved in the stone. Alimony is not as easy to sign as family allowances, especially when the spouses disagree. The court allows separated spouses who are not divorced to apply for alimony, but most of the time it is unlikely to be granted, unlike family allowances. And most importantly of all — you can`t “move” your child. Informal educational plans or documents that agree where your child will live during the separation are not binding on the court in a later case. The court can always come back to matters relating to children. You may be able to achieve the same result of a separation without legal breakdown by creating an additional contract (provided that you and your spouse can talk to each other and agree on the terms). It may be best to let a lawyer design this agreement to ensure that it complies with legal requirements and that it contains all the necessary conditions and provisions.
While they absolutely cover the rights and obligations of each party in the event of divorce or death, they also apply during marriage. This is especially advantageous in situations of separation, as it is possible to establish specific rules and guidelines to follow based on the actions of both parties. In many cases, the date of separation is also the subject of factual dispute, as the parties may diverge slowly or proceed to a trial separation before deciding on a full divorce. While Florida courts do not recognize legal separation, the court may consider the date the parties separated when dividing up assets or liabilities. According to section 61.075(7), the Florida Articles of Association, “assets may be valued at different times, as required by the judge. The only thing you can`t do when drafting your separation documents is absolutely “stuck” the educational rules (or, in other words, the custody rules). Yes, you can complete an education plan, sign, have notarized certified, and keep a copy for future use. But due to the nature of custody in Florida, the court will still have the option to reconsider custody rules.
Florida law requires that the courts always consider the well-being of children in the event of divorce. This means that an informal educational plan, signed during an attempt at legal separation, is not necessarily maintained later. Although Florida does not recognize marital separation, you can ask the court to award you, in some cases, family allowances and alimony. You need to prove that your partner can`t support him or her child, but that he or she hasn`t supported them. While applications for family allowances are easily granted, marital assistance can be a bitter struggle as long as you are legally married. We address some of the issues on this topic below, but we will continue to refer to it as “legal separation,” although it is not recognized in Florida. Legal separation is followed by formal divorce proceedings, including a reference to the maintenance of spouses and children. Parties who wish to separate must complete certain marital separation agreements that the courts will sign. In the end, the only difference between separation without legal breakdown and divorce is that the couple remains legally married while they lead a separate life. In states that offer it, a separation without legal breakdown is a procedure imitating divorce proceedings in which the parties can apply to the court for child support orders, make custody decisions, and order one spouse to pay maintenance to the other spouse. . .