Legal Separation Lawyer in Jacksonville
Jacksonville Divorce Lawyer Explains Legal Separation
Florida is one of nine states across the country that does not formally
recognize a "legal separation." Instead, when a couple having
marital problems realizes they need to be apart in order to calm the situation
down, they can separate without any sort of court hearing. If there are
children involved, the
family law courts in Jacksonville do recognize the need for both parents to continue
to provide for the welfare and support of the children during such a separation,
and will act to safeguard their best interests in the situation.
When you have questions about the legal and practical aspects involved
in separating from your spouse, you are invited to contact us at Jason
K.S. Porter, P.A. We can provide you with an initial consultation to review
your options and give you the information necessary to make an informed decision.
Common Reasons Couples Choose to Separate
Why should you pursue a legal separation? Many couples choose this course
of action out of a desire to observe deeply held religious prohibitions
against divorce, as it makes it possible to effectively bring about the
conditions of a dissolution of marriage without violating their religious
convictions. Some do so in order to avoid losing health care coverage
or other benefits, while others are hoping to salvage the relationship
and merely want to impose time and space between themselves to let a heated
situation cool down.
Perhaps one of the best reasons to legally separate is as a precursor to
divorce—you and your spouse can test out terms of alimony, such as
property division and child custody, to find out what works best for both parties, thereby
avoiding a costly and protracted
contested divorce and the necessity of post-decree modifications, which can be difficult
Even though Florida does not legally recognize separation, it is possible
to petition the court for an order to pay
child support to the parent who has primary custody of the children. We can help you
and your spouse prepare the necessary agreements for a separation including
child custody and
When a married couple decides to live apart, does not share a common bank
account and each pays their own living expenses, they are considered separated.
It is always helpful to put the agreements governing such an arrangement
in writing, to avoid conflicts over assumed agreements and misunderstandings.
If you are separated and are now needing child support or are being asked
for child support, we can help you ensure that your children are properly
cared for and their needs are met.
Actions for Support in Jacksonville
A petition for child support is called an "action for support."
While it is a mandatory step of any
divorce proceeding when children are involved, the parent seeking support during
a separation must file it personally.
Alimony or spousal support is often much more difficult to secure in our state
outside of a divorce proceeding, so it is in your best interests to retain
a skilled attorney who can effectively advocate on your behalf.
At the Law Offices of Jason K.S. Porter, P.A., our Jacksonville divorce
attorneys are sincerely committed to defending our clients' best interests,
and will work diligently to help you secure a separation agreement which
works in your favor. Whether it is a short term arrangement or a plan
which you expect to use for many years, you should realize that the terms
of the agreement may have a significant impact on your life, determining
whether you are financially stable and can spend as much time with your
children as you would like.
Let us guide you through this process,
contact us today to get started!