This is my first post in a new series discussing the concept of legal separation in Florida. I have previously discussed a number of aspects as to how Florida handles the concept of legal separation. While our state is unlike others in that it does not provide for “separate maintenance,” there are options for those who wish to stay married but go their separate ways. The goal of my coming articles is to provide information which will help people to better understand their options. It is also my goal to provide information which will assist with the selection of an attorney. If you or a loved one need help with a family law matter then contact my office today to speak with a Melbourne lawyer.
The following topics will be discussed in my upcoming articles:
- The fact that there is not technically a mechanism for “legal separation” under Florida law
- How a postnuptial agreement can protect certain rights upon separation
- Why parents may prefer divorce to a separation
- Challenging a postnuptial agreement during a divorce
I have chosen to address these topics for many reasons. First, Florida is unlike other states in that parents cannot obtain an order of separation, otherwise known as separate maintenance, from the courts. This means that while parents can agree to issues in a postnuptial agreement, no court order can be obtained until a divorce action is filed. Second, it is important for spouses to understand the rights which can, and cannot, be protected in our state. Third, separating parents may wish to file for divorce so that they can obtain a custody order. Finally, it is possible to challenge the enforceability of a postnuptial agreement in divorce proceedings.
One point I cannot stress enough is that you should contact an attorney as soon as possible if you or a loved one are considering separating from their spouse. Florida’s marital property laws can be harsh on those who do not take steps to protect their interests. By speaking with counsel sooner, rather than later, you help to ensure your future. As a Melbourne family law lawyer, I am familiar with handling such matters. Contact my office today to schedule an initial consultation. I also serve the cities of Titusville, Cocoa, Palm Bay, Grant, Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.