A lawyer will explain your legal rights and the pros and cons of leaving the marital home before starting divorce proceedings. Depending on your situation, a lawyer may be able to file an application with the court to provide temporary relief so that you can stay in the house during the divorce. While living out of state, I was very lucky to have lawyer Iken in my corner during my recent divorce. My first two lawyers were somewhat intimidated by the opposing lawyer and, as a result, my case suffered. Lawyer Iken proved to be a very competent, compassionate and consistent defender of my best interests. He was a good listener who gave accurate and comforting advice. He was available and answered my many questions and concerns. He was always professional, protective, polite and honest. Mr. Iken is extremely wise and very strong – a rare combination. I highly recommend Mr Iken to anyone looking for strong legal support. Florida couples can separate from each other at any time during the marriage and can do so without notifying the other or filing a document in court. (Since there is no law in Florida that provides for legal separation, the court does not have to intervene in the case of a couple who wants to live separately.) The problem is that the decisions you make during the divorce process have long-term consequences and most of them can`t be changed later.
That`s why you should be smart during your divorce proceedings. Talk to our divorce lawyers in Orlando to get smarter and make sure your decisions after separation don`t negatively impact the outcome of your divorce. Contact Donna Hung Law Group to discuss your situation. Call 407-999-0099 for advice. It can be easy to confuse legal separation with temporary redress in a divorce case. When one of the spouses files for divorce, he or she may apply to the court for temporary relief for various matters. For example, a spouse may need the court to temporarily resolve custody, support and housing issues. Divorce is not a possibility for followers of certain religious organizations. [31] The Catholic Church, for example, does not allow its followers to remarry after a divorce unless the marriage has been annulled. They also strongly advise against a legal divorce.
[31] Marriage annulments, however, are the current option for Catholics to dissolve official ties with their former partner. [31] Annulment, which renders a marriage null and void, can be sought, among other things, on the basis of “adultery, pressure to marry, absence of vaginal marriage, or refusal to have children.” [31] The Catholic Church believes that couples who are divorced but have not received annulment, even if they are legally divorced, still have a sacred bond of marriage. Even though Florida courts do not have specific rules for separation, courts can play an active role in the process, and parties are not prohibited from maintaining other proceedings for further facilitation or facilitation during their separation. Even without separation orders, Florida law allows couples to make legal arrangements to formalize the terms of separation and structure a desperate marriage while the spouses live apart. These include: As a couple moves forward with a legal divorce, courts may reconsider issues of (visitation/custody), child support, and spousal support, as well as division of property and matrimonial property. Florida allows for so-called “limited divorce,” which is similar to legal separation in other states. The reasons for a limited divorce are cruelty, desertion and voluntary separation. The court determines the primary residence of the children, that is, the place where the children spend most of their time.
The court decides on the access rights of the non-custodial parent. Florida requires separated parents to disclose their income and resources, and charges an amount of support paid monthly by the non-custodial parent to the custodial parent. Finally, when an application for divorce is filed, the court considers issues of access, custody and child support, as well as other arrangements such as the division of property. If the couple does not divorce, they remain legally married. In Florida, couples looking to separate or get financial support without divorcing can avail themselves of laws that allow them to arrange or litigate spousal support, child support, and timeshare (custody/visitation) issues without divorcing. While separation may be the right decision for you and your spouse, it`s not the easiest way if you have children or complex assets and decisions related to these issues need to be permanently binding. You must agree to say “no” to divorce, but you must say “yes” to a divorce lawyer with experience in the field of legal separation in Florida. The only thing you can`t do when creating your separation documents is absolutely to “identify” parenting regulations (or in other words, custody arrangements). Yes, you can fill out a parenting plan, sign it, have it notarized, and keep a copy for future use. But due to the nature of custody in Florida, the court will still have the opportunity to review custody provisions in the future. Florida law requires that courts always consider the best interests of children in divorce cases.
This means that an informal parenting plan signed during an attempt to create a legal separation will not necessarily last later. Some States recognize legal separation. A spouse may initiate legal proceedings to obtain an order declaring that the parties are legally separated. The parties are still married, but the court makes an order regarding matters such as custody, child support, spousal support and division of property. In fact, the appointment during the current divorce could have a negative impact on the outcome of your divorce or even on your custody case. From a legal point of view, this can lead to hostilities between the parties and prolong the proceedings if you see other people while your divorce is in progress. As mentioned above, a separation can last indefinitely. .