What Constitutes Legal Separation in Florida?
In Florida, there is no such thing as a "legal separation." While a husband and wife can legally live separately, state law does not recognize the status of legally separated.
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Written Agreement
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According to USLegal.com, a separation agreement can be written and signed by both husband and wife. However, it is not considered a "legal separation" by Florida courts.
Eight States
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Florida is one of eight states that do not recognize a legal separation. The others are Delaware, Georgia, Maryland, Mississippi, New Jersey, Pennsylvania and Texas.
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Support
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If a husband and wife who have children together are living separately, it is possible for one of the parents to file a court motion asking the court to establish a primary residence for the children and set child support. Courts recognize the need to establish child support during times when couples separate, according to The Divorce Center, a group of family law attorneys in Florida.
Ease of Separation
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Orlando attorney Alejandro Rafael Lopez writes on the legal website Avvo.com that the lack of legally separated status actually makes separation easier for couples, noting that husband and wife can separate without the need for a court order.
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References
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