Legal Separation Agreements

Perhaps you are not sure you want to dissolve your marriage. After all, it is a big step, and a very stressful event. Maybe a trial separation will rekindle the flame. So you and your spouse may decide to live apart for awhile.

There is no status of “legal separation” in Florida, and the court need not be involved. Nonetheless, during the separation, there may be issues of spousal or child support, or upbringing or timesharing with the children. Thus, you may wish to have a separation agreement drawn up to cover those issues. A separation agreement is nothing more than a legal contract to govern support or children issues, or who will have possession of the house, or who will pay what bills, or any other of a myriad of issues pertinent to your particular situation. If the contract, i.e., legal separation agreement, is not honored or otherwise needs to be enforced, this can be done in family court – without the requirement of a dissolution of marriage.

Of course, sometimes, when spouses decide to separate, these issues cannot be resolved by agreement. Florida law allows either separated spouse to file a proceeding in family court to resolve such issues – again, without the requirement of going forward with an action for dissolution of marriage.

In either event, should you desire a trial separation, it is wise to consult with an experienced family lawyer such as the Law Offices of Robert L. Bogen to discuss your rights and obligations during your separation period. Call us. We can provide assistance during this sensitive period and, hopefully, the flame will be rekindled.