A Miami Family Lawyer’s Guide to Legal Separation
For anyone who wants to leave his or her spouse legally, there are usually three options available. These include separation, annulment, and divorce. Most states recognize all these options in some form, and a way to make them binding usually exists. However, in Florida, this isn’t the case. Unfortunately, separation cannot be legally and formally recognized on our state. This presents a problem for those who want the legal protection of a divorce without having to get a divorce. However, there’s no need to relocate to another state. While legal separation isn’t technically possible in Florida, it’s still possible to achieve the same effect in practice. This is your family lawyer Miami Fl guide to how to get around this problem.
Working Around the Problem
There are numerous reasons why a couple may not wish to divorce but still want to separate. Luckily, workarounds exist that give couples in this position all the protection enjoyed by those in states offering legal separation. The key is knowing how to make use of those workarounds. With the help of a family law attorney in Miami Florida, you’ll have a better understanding of the rules. You can both remain legally protected while separating from your partner. Here, we look at the options open to you.
Filing for Limited Divorce
With the help of a family lawyer in Miami Florida, it’s possible to file for “Limited Divorce.” This is, in practice, the same as a legal separation. It involves the couple making an agreement to separate voluntarily then asking for help from the court. The court determines where children of the relationship will live. It will also draw up a schedule for visitations for the parent who is not the custodial guardian. When filing for limited divorce, both partners must list their resources and income. Then, the court will determine the amount of child support the parents respectively will pay without making determinations regarding division of any marital property.
Petitioning for Support
Family lawyers in Miami Florida can help you to turn in a petition for support. Specific petitions exist in Florida that a lawyer may file on the couple’s behalf. These petitions deal with any support requests from couples who are not divorcing. They offer an option for requesting child support, alimony, and help with drawing up parenting plans.
Creating Postnuptial Agreements
The postnuptial agreement is an all-encompassing method of obtaining legal protection when separating without a divorce. While most people tend to think postnuptial agreements are solely for a divorcing couple, this isn’t true.
Postnuptial agreements cover the obligations and rights of each party in the case of death or divorce. They are also applicable during the couple’s marriage. A postnuptial agreement is beneficial in any situation involving separation. This is because specific guidelines and rules are set up that each party then follows in accordance with his or her actions.
In the event of a separation, postnuptial agreements can cover issues, such as:
- Who will get parental responsibility of the decisions made on behalf of minor children
- How to share out parenting time with the children
- The amount of alimony and to which partner
- The amount of child support and to which parent
For the court to accept any postnuptial agreement as valid, it must meet specific requirements determined by the state. A family attorney in Miami Florida can offer advice about the state’s requirements.
Hiring Family Lawyers in Miami FL
Are you unwilling to get a divorce but want legal protection while you separate in Florida? Then, a family lawyer in Miami Fl can help. Here at Thomas McDonald Law, our experienced team of family law attorneys in Miami Florida can explain your options. With our help, you can make the right decision for you.