How To File for Legal Separation in Orlando, FL

Separation and divorce are difficult, even when it is in your best interest or for your family. Some couples may choose to separate first for various reasons, whether to test the water before committing to divorce or for other logistical reasons.

While many states may recognize, or even require, couples to legally separate, Florida does not. However, there are steps you can take to provide a degree of legal protection while you determine your course of action. Contact a separation agreement attorney to help you with the process.

What Is Legal Separation?

In states that recognize it, legal separation is a formal agreement that allows the couple to reside separately while staying legally married. These agreements often contain provisions to address concerns such as:

In a legal separation, paperwork is filed with the courts and becomes legally binding as a court order.

If Separation Agreements Are Not Recognized in Florida, What Are My Options?

If you want similar clarity and formality as documents in a legal separation, you have a couple of options available in Florida. When executed correctly, you may create a private separation agreement that is legally enforceable and addresses many of the same concerns as in a legal separation order.

Additionally, if you have children with your partner, you may file a petition for support. This can include a visitation and child support agreement. This can establish a routine that eases the children into the transition and sets the foundation for what the final custody order may look like.

Post-Nuptial Agreements

If you have a postnuptial agreement, this can provide excellent guidance on what to expect in a divorce. These agreements often prearrange many components of a divorce, including:

  • Property division
  • Who maintains possession of the marital home
  • Division of debt
  • Stipulations on acquired assets

Postnuptial agreements can be a good option because you make them while you are married before the intention of separation or divorce, so couples are often able to go into it with compassion for the other and an eagerness to be fair.

Is It Smart To Separate While We Are Still Married?

Only you can know if separation is right for you. Some couples may want to live apart while they navigate emotional and relational issues to avoid triggering or antagonizing the other person, while others may want to separate to confirm divorce is the right decision.

Sometimes, separation may seem like a faster solution to conflict in a broken marriage while waiting for a divorce to finalize, and in many cases, this is true. However, there are circumstances in which your divorce may become more challenging if you lived separately first.

These include determining the division of debts or assets accumulated during the time of separation, or the reality your children may face during separation.

Speaking With an Attorney Can Help You Determine What Is Right for You

It can feel overwhelming to sift through the information out there and determine what is best for your situation. Speaking with an attorney can point you in the right direction and help you feel confident in your decision.  Relationships are complicated, and you deserve to have all of the information you need to do what’s right for yourself and your family.

Whether you want a private separation agreement utilizing prenuptial or postnuptial agreements to guide your conditions to divorce, or to maneuver the process without an established template, an attorney can help you ensure your interests are protected.

Contact the experienced Orlando family lawyer at McMichen, Cinami & Demps today for legal assistance. Contact our Orlando, FL office at (407) 898-2161 to schedule a free consultation.

McMichen, Cinami & Demps – Orlando Office
1500 E Concord St
Orlando, FL 32803