Bay Pines Legal Separation Attorney

Florida Law on Legal Separation

Unlike other states, Florida is, unfortunately, not recognizing legal separation under its current family law. However, if you don’t want a divorce but don’t want to live with your spouse any longer, you two can still decide to separate.

Although you won’t be awarded a legal separation in Bay Pines, you can still go to court to settle legal agreements for child support and alimony. The state of Florida has statutes that allow you to litigate or agree on various family law matters without a divorce.

The following are some of the legal agreements that act as an alternative to legal separation in Florida:

• Separation agreement. This is a legally binding agreement that gives practically the same results with legal separation agreements awarded in other states.
• Petition for support. This will allow the custodial parent to receive child support as well as the less fortunate spouse to receive alimony.
• Postnuptial agreement. This agreement will detail the terms and conditions for alimony, debt payments, and division of assets.

Moreover, Florida law recognizes ‘limited divorce.’ This is almost the same as the legal separation process. The grounds for limited divorce include:

• Cruelty
• Desertion
• Voluntary separation

If any of these grounds is established, the court will then decide who will be the custodial parent for the children, as well as what will be the visitation rights for the noncustodial parent. Additionally, both of the spouses’ income will be taken into consideration upon deciding on a support agreement.

However, if you and your spouse decided to get a divorce in the future, the court will examine all family law matters over again. None of the decisions made upon the separation agreement will remain legally binding without reevaluation.

If you are considering getting legally separated, it is best to talk to the professionals. They will explain all the advantages and drawbacks of every legal decision you will soon make.

Consult our best legal separation attorneys. Call Emerson Law at (727) 855-6587 now.

Child Support and Alimony

You’re maybe concerned about whether or not you can claim child support or alimony without a divorce. Good news: yes, you can.

Even if you and your spouse are not legally separated nor divorced, Florida law allows you to request for child support and alimony. This is true if your spouse has the means to provide the support, and you are also proven qualified to receive it.

However, keep in mind that getting alimony is much harder than acquiring child support. If you want to get the best out of your legal action, it is recommended to hire an experienced legal separation attorney.

Contact one of our own now at (727) 855-6587 for a consultation.

Prenuptial and Postnuptial Agreements

Entering into a prenuptial or postnuptial agreement can be wise if you are worried about providing for yourself once you and your spouse separate. Both of these agreements are treated as legally binding contracts. Whatever you and your spouse have agreed on will be enforced by the court.

Both prenuptial and postnuptial agreements are required by Florida law to be in a written document signed by both parties. No agreements done verbally will be recognized and enforced by the court.

A valid marriage must always follow prenuptial agreements. Postnuptial agreements must always be done with full disclosure between both spouses. The two parties must fully disclose all of their assets, income, and liabilities upon entering into a postnuptial agreement.

To be completely informed about prenuptial and postnuptial agreements, talk to our legal separation attorneys now. Contact us on (727) 855-6587 for a consultation.

Postnuptial Agreements as Equivalent to Legal Separation Agreement

Even without legal separation, Florida law can still give you the same result with the use of a postnuptial agreement. For it to work, the following should be observed:

Requirements and formalities. Without meeting all the requirements and formalities, a postnuptial agreement will not be valid. It must be in writing, signed by both spouses, and should include the declaration of both parties’ full disclosure about their individual and joint assets.

Alimony, child support, and custody discussions. Every important family law matter must be included in the postnuptial agreements. These crucial topics include:

• Status of the marital residence. Will it be sold? If not, who will live in it?
• Spousal support. Will a spouse receive alimony? If yes, how much?
• Custody. If there are children involved, who will be the custodial parent?
• Payment method. How and when will the child support and alimony payments be made?
• Property division. If there is any, what property will each of the spouses keep?
• Breach of the agreement. What will be considered as a breach of the postnuptial agreement? If it occurs, what action can be done by the non-breaching spouse?
• Safety of the signed agreement. There is no actual need to file the prenuptial agreement to court if both you and your spouse are abiding with the terms. However, if your spouse stops doing so, you should present the written document to the court so that the terms and conditions will be legally enforced.

It can be tempting to draft the postnuptial agreements all on your own. But if you want to make sure that you meet all the requirements and that you won’t miss any important detail, it is best to acquire some legal help.

Contact Emerson Law at (727) 855-6587 and talk to our legal separation attorneys now.

Legal Separation Attorneys in Bay Pines

With our legal separation attorneys, Emerson Law is committed to giving you a full service that will not just reduce your stress but will also reward you with favorable results.

Our team of attorneys has a proven track record of successful cases and satisfied clients. We don’t just pride ourselves on our knowledge and experience. We are also confidently offering our services with commendable dedication and professionalism.

If you choose to work with us, you can rest assured that your case will be handled by the most capable attorneys in Bay Pines, FL. Aside from consultations, we also guarantee our experienced legal guidance from the start to the end of the separation process.

Emerson Law will make sure that your best interests are put forward, and your rights are well protected. All this while making sure you abide by the complexities of Florida family law.