Legal Question in Family Law in Florida

Re: Legal Seperation/Custody/Child Support

Legal separation is a misnomer in the State of Florida. Florida is a no-fault divorce state and does not require any period of separation prior to getting a divorce as some other states do. The only requirement is that a person reside in Florida as their legal residence for at least 6 months prior to filing a dissolution.

On the other hand, if you want to separate from your spouse, there is nothing preventing you from doing so. You may wish to have a Marital Settlement Agreement prepared setting forth the rights and understandings of the parties in the unfortunate event of a divorce. This should not affect custody issues in any manner. More importantly, the issue of child support has to be considered. The Florida legislature has developed guidelines which a Court must follow. You will want to resolve child support issues if you are going to separate as the support of your children should be paramount. This is a serious legal matter and you should consult the advice of a qualified marital attorney.

Scott R. Jay, Esq. (305) 249-8000