Facing The Legal Challenges Of A Separation With Confidence

Not all marriages end in divorce. Some partners find counseling an effective way to resolve issues. Others simply refuse to dissolve a marriage because of personal reasons or religious convictions. In these cases, individuals will often turn to alternatives, like legal separation, which can give partners the space they want without jeopardizing their closely held beliefs.

Unfortunately, Florida has no formal separation laws, meaning partners who legally separate cannot remarry until their marriage is officially dissolved by the courts. The absence of a formal law also creates issues for unmarried couples who do not have the same legal protections afforded to couples going through divorce.

Choosing a legal separation doesn't have to end in a legal headache. Retaining the services of an experienced family law attorney can help you remain focused on your best interests and ensure your legal separation is successful.

Common Separation Issues To Be Mindful Of

Married and unmarried couples both have to face a number of the same issues, including:

  • Property division: Although partners may attempt to follow Florida's equitable distribution laws when dividing property, they may not have the same protections under the law that divorcing partners have.
  • The communal home: Unmarried and married partners will also need to discuss what will happen to the communal home, whether one spouse will remain in the home or it will be sold and its profits divided.
  • Child custody: Parents going through a legal separation need to come to an agreement about time-sharing and visitation. This can be done by utilizing mediation or going through court proceedings.
  • Child support: In situations involving unmarried parents, paternity needs to be established before court-ordered child support payments can be issued.

The Importance Of Seeking A Lawyer

If you are considering a legal separation, it's important to choose a family law attorney who has experience as a certified mediator, like Pedro A. Cofiño. He will be at your side every step of the way to walk you through mediation and suggest options that are best for you and your family. Handling matters on your own doesn't give you that same peace of mind.

For more information on legal separations in Florida, contact Cofiño Trial Law to schedule an initial consultation. If you retain our services, the cost of your consultation will be applied to your retainer. Call our Miami Beach office at 305-222-7389 or send us an email to get started.