Legal Question in Family Law in Florida

There is no legal separation in Florida. If you wish to file for divorce you can ask for child custody and support within the divorce action.

There is legal separation in Florida. Ignore what the other attorney said. In the statute it's called an "action for separate maintenance." But that's only 1) when you are seeking to stay married but get alimony and/or child support or 2) when you haven't lived in Florida long enough to qualify to file for divorce yet. It's probably not what you want. You probably just want to file for divorce. You'll have to check with a lawyer to make sure.

If he has an attorney, you need one. Good luck.