The Difference Between Divorce and Legal Separation in Florida
How to get a divorce in Florida and emerge unscathed is always a hot topic in Family Law. In this post, will Boca Raton divorce attorney, Jordan Gerber, Esq. sheds some light on the subject.
When dealing with divorce law, the likelihood of being unable to think clearly is higher than the probability of Johnny Football continuing to make a mockery out of the NCAA. The formula I suggest for how to get a divorce in Florida won’t work for everyone looking to file court recognition of the end of their marriage. But it is more universal than you think, even for those seeking a legal separation in Florida.
Of course, state laws vary and the rules of each divorce state have their differences. To be clear, these articles only focus on what Florida law states divorces should be like.
Instead of viewing Florida divorce as a business transaction, a jilted spouse will often take any action necessary to feel a sense of victory over his or her ex. Given human nature, it’s only logical that neither party wants to accept any responsibility on the road to becoming legally divorced. This dangerous recording of blame shifting only motivates the desire to wage war. And, as Sun Tzu wisely stated, all warfare is based on deception. This is especially true when it comes to court records regarding the divorce child.
Does Legal Separation Exist under Florida Divorce Law?
If you’ve searched how to get a divorce in Florida but actually getting a divorce filed is overwhelming, all is not lost. There are no specific laws divorce that define legal separation in Florida but that doesn’t mean you’re out of luck. During marital separation, without filing divorce, a client can still do certain things:
While divorce terminates a marriage, a couple remains married during a legal separation in Florida.
The Importance of a Separation Agreement during Legal Separation in Florida
Even though Florida divorce law doesn’t have a separate cause of action for legal spouse separation, it does recognize agreements that formalize the terms of a separation while spouses figure things out. An added bonus is that it’s not part of divorce family public records.
To validate a separation agreement, the couple must enter into the legally binding agreement on their own accord and follow its terms of service. This can provide the same result as a legal separation in other jurisdictions. Furthermore, it can resolve temporary divorce custody issues. In Florida, however, the court does not approve the legal separation agreement or resolve disputes associated with the parties marriage.
Beyond Legal Separation in Florida to How to Get a Divorce
A divorce attorney and a family court judge are trained to sniff out BS before they step in it. This practice that has led to the universal adoption of Pusha T-s mantra ‘believe half what you see, none of what you heard.’
Maybe you can’t picture Judge Judy bumping Clipse in her chambers. Still, if you want to know how to get a divorce, truth is key. The court’s emphasis on the importance of a party’s character begins with the divorce discovery process. If you’re getting divorced in Florida, this is something you should become familiar with.
The Best Advice on How to Get a Divorce in Florida: Be Honest
Even if you manage to Pinnochio the nature of your assets or true income, there is no time limit for motions for relief based on a fraudulent financial affidavit. Let me paint you a picture of the consequences that can result from this scenario so it really sinks in. Fast forward a few years, when you think the nightmare of your Palm Beach County divorce is finally behind you and you’re sipping Dom on a beach somewhere with your new and improved 25-year-old paramour.
The kid you assumed was the cabana boy jogs up with papers and notifies you that your case has been reopened. Suddenly, the jig is up. Guess you should have paid more attention to the lessons of how to get a divorce in Florida.
Instead of spending your golden years with Brandi or Blaize, marveling at the effects yoga and crossfit really has had on these younger generations, you are now destined to spend them staring into the beady eyes and double chin of your former (and now extremely pissed off) ex.
How to Get a Divorce tn Florida and Stay Out of Trouble With the Law
It’s also wise to remember that magic little word, perjury, which can have both civil and criminal consequences. A false statement made under oath in a marriage court proceeding is a records public crime.
If you’re getting divorced in Florida, remember this. It not only affects your financial interests but can also influence how much time you have with your kids. Florida requirements include evidence that either parent has knowingly provided false information to the court is a factor that must be considered by a family court when creating a parties’ filed Florida parenting plan.
The best divorce attorneys know that there are no winners or losers in the realm of family law and that answering how to get a divorce in Florida is just the first step. At the same time, it is important to retain Boca Raton lawyers who can help achieve your goals in a creative, expeditious and cost-effective manner the first time around. As the great Vince Lombardi once said, it doesn’t matter if you win or lose, it’s how you play the game.
Before Worrying about How to Get a Divorce in Florida, Learn the Basics of a Separation Agreement
A Florida separation agreement is just like any other contract. Since it’s not incorporated into a judgment, it’s not interpreted like one. If you’re looking for information on a separation agreement, you only need to look as far as contract law. Consequently, it’s just how it sounds. A separation agreement is a contract between a husband and wife when they separate from each other. It’s simply an exchange of mutual promises. Coercion, fraud, undue influence or lack of knowledge will void the terms.
Boca Raton Divorce Attorney, Jordan Gerber, Esq. Warns about the Limitations of a Florida Separation Agreement
Since it’s a contract between spouses, it can’t bind third parties. For example, a bank or mortgage lender. If one party breaks their promise, your remedy is breach of contract. Any provisions in a separation agreement for child support and child custody aren’t binding on the court. You should gather certain information before entering into a separation agreement, just like you would a prenup:
- Fair market value of all real property owned by each spouse individually, in trust, or in partnership with others.
- All stocks and bonds owned by each party individually, in trust, or in partnership with others.
- Pension plans, profit sharing plans, IRAs, 401ks and deferred compensation plans in which each has an individual or beneficial interest.
- All bank accounts, money market accounts, certificates of deposit and other liquid or non-liquid intangible assets owned by each individually or in trust.
- All life insurance owned, including face value and present cash value.
- Individual accumulation of credit card points, frequent flier miles, and any season tickets you may hold.
- Information about business interests. This includes corporate tax returns, financial statements, loan agreements, business plans, and business valuations.
- Any patents, trademarks, copyrights, royalties, etc.
- Estate planning documents.
- An inventory of all personal property.
- A full description of every liability. This is whether it’s marital or non-marital.
Click Divorce Lawyer Boca Raton to schedule your consultation. Proudly Serving Boca Raton, Delray Beach, West Palm Beach, and all of Palm Beach County, South Florida.
Divorce Attorney Boca Raton Practice Areas Include:
Florida Prenuptial Agreement
Post Marital Agreement
Simplified Dissolution of Marriage
High Net Worth Divorce
Florida Alimony Laws
Division of Retirement Benefits In Florida Divorce
Division of Property
Dissipation of Marital Assets
Modification of Alimony Payments
Florida Modification of Child Support
Modification Of Child Custody In Florida
Florida Child Support Enforcement