There is no legally recognized “separation” period in Florida. But couples that are heading for divorce can work out something similar to a separation agreement by agreeing to a “postnuptial agreement.”
This document would help clear up issues of spousal support, child custody, and other important decisions for couples considering divorce.
As couples begin divorce proceedings, they’ll want compassionate but aggressive legal representation. Robert Sparks Divorce Attorneys stands beside clients to make sure they navigate divorce successfully and emerge from it in a better situation. Contact Robert Sparks Attorneys to schedule a consultation when you have questions about divorce or when you are considering signing a postnuptial agreement.
Finding a Substitute for a Separation Agreement in Florida
Florida law doesn’t recognize “separations” like some other states do. There is no official separation period upheld by the state. Florida couples who have separated and want to legally sort out the division of assets and issues like child custody before divorce can’t utilize a separation agreement.
However, there is another option for couples seeking to provide for the support of both partners and children while they consider an official divorce. Couples may enter a postnuptial agreement during their marriage, often when it’s realized things aren’t working out. It’s a legal precaution that couples use to decide tricky issues ahead of time before they file for divorce.
Florida courts don’t recognize separation, but the court can uphold a postnuptial agreement. Keep in mind that the court can still question child custody and visitation decisions, despite what’s in a postnuptial agreement. A judge can change those details in the best interest of the child.
Other issues, like who will live in the family home and how much spousal support will be provided can also be settled in a postnuptial agreement.
Just like in a divorce, one partner can come out of a postnuptial agreement with an unfair share of the marital property and without the support they need. Go over any marital agreement with a skilled Tampa Divorce Lawyer before you sign off on it. Robert Sparks Divorce Attorneys will make sure you are being treated fairly and that you are properly protected when it’s time for a divorce to go final.
Separation Help for The Parents of Young Children
For parents with young children considering divorce, the decisions can be even tougher. The wellbeing of the children will be the most important factor, especially while parents are preparing for a separation period.
Parents deciding to live apart and work towards a divorce don’t have to create a postnuptial agreement to settle issues pertaining to the custody and visitation of children.
Florida law allows separated parents to file a “petition of support” to form a legal agreement, pre-divorce, to determine decisions regarding financial support and a child’s wellbeing.
Parents don’t actually have to be married to utilize Florida’s petition of support. It’s a legal agreement that allows any parents to sort out issues like where children will reside, who gets visitation rights, and financial issues. It’s often a temporary measure for married couples who are separating. These issues can then be settled more permanently in divorce proceedings.
Partners preparing a “petition of support” should also talk to an experienced divorce attorney to make sure they aren’t signing away their parental rights or giving up too much in the agreement.
Contact a Tampa Divorce Attorney
At Robert Sparks Attorneys, we are protective of our clients. We get aggressive to secure what’s fair for every member of your family. We stand beside our clients through the most emotional and difficult divorce and separation battles to make sure they emerge with the support they need to rebuild their lives.
If you are considering a separation in the Tampa area, please give our Tampa divorce lawyers a chance to safeguard your interests. Contact us for a consultation on your divorce and find out what you should be demanding during your divorce proceedings for the protection of your entire family.
