West Palm Beach Legal Separation Attorney
Separate Your Finances & Custody Matters Without Divorce
Separating from your spouse does not mean you want to divorce. Rather, you may want to legally separate in order to preserve your marriage and protect your assets while you work to resolve your differences.
Attorney Eric Cheshire can help you create a plan to legally separate your finances and custody matters in order to protect your rights and assets. As an experienced family lawyer in Palm Beach County, he has successfully helped many clients navigate the legal requirements of a legal separation and successfully resolve their divorce cases.
During your initial consultation, Attorney Cheshire will discuss your legal options, review your case, and help you determine if a legal separation is right for you. He will work with you to create a plan that protects your rights and assets, while working toward resolving your differences.
Request a consultation contact The Law Office of Eric C. Cheshire, P.A. today to discuss your legal options.
What Is a Legal Separation in Florida?
In Florida, a legal separation is a court order that legally separates spouses, but does not end their marriage. A legal separation does not end a couple's responsibilities to one another, such as the obligation to financially support the other spouse. It does allow the parties to legally separate and live apart while they work out their differences.
A legal separation can protect the legal rights and assets of the parties, while they separate their physical lives. It can also protect the parties' children. A legal separation agreement can provide for visitation and custody of the children, just as a divorce decree would.
A legal separation does not dissolve the marriage, and the parties are still legally married. However, the parties are no longer obligated to live together as husband and wife, and can lead separate lives under the protection of a court order.
The Benefits of a Legal Separation vs. Divorce
In Florida, a couple can choose either a divorce or a legal separation. The most significant benefit of a legal separation is that it allows the parties to protect certain rights and assets while they work out their differences.
For example, the parties can continue to share a mortgage and insurance policy until they reach an agreement. The parties can also continue to share joint custody of a child while they work on resolving their differences. This can be particularly beneficial in cases where one parent wishes to move out of the marital home, but wants to continue sharing custody of a child with the other parent.
The Requirements for a Legal Separation in Florida
In order to obtain a legal separation in Florida, the couple must meet the following requirements:
- The couple must be legally married
- They must have a controversy (a disagreement or marital problem) that requires a court order for resolution
If the couple meets these requirements, they can file a petition for legal separation in a county court in the state of Florida. The petition must include the following:
- The legal grounds for the separation (e.g., one spouse's fault for the breakdown of the marriage) if the couple disagrees on those grounds
- A statement that the couple agrees that they are separating and will live separate lives
- A statement that the couple agrees that they will not resume cohabitation (living together) while the petition is pending
If the petition meets these requirements, the court will issue a summons to the petitioning spouse and a notice to the responding spouse. The petitioning spouse must serve the responding spouse with a copy of the petition at least 14 days before the hearing.
Contact Our Palm Beach County Legal Separation Attorney
If you are considering a legal separation or are in the process of obtaining one, it is important that you consult with a qualified Florida family lawyer. Attorney Eric Cheshire is experienced in helping clients obtain legal separations, and can help you navigate the requirements of a legal separation and obtain a court order. He will work with you to create a plan that protects your rights and assets, while working toward resolving your differences.
To schedule a consultation with The Law Office of Eric C. Cheshire, P.A. contact us online to discuss your legal options.
“He is a wonderful lawyer and wonderful person, I always felt cared for and knew he never had anything but my best interest at heart!”- A. Presnell
A true advocate. “Eric was effective in and out of court with the Judge, the opposing counsel, and me.” Frank
Our experience was excellent! “The process didn’t take long, and ended in the awesome success of the legal adoption of our daughter!” Former Client
Wisely advised me! “We ended with great results! I have been so impressed, through this whole process, of Eric’s knowledge and expertise and high standards.” Former Client
Eric made my dreams come true! “Adopting my child was the most important decision of my life and Eric Cheshire was very instrumental in making this happen.” Former Client
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