West Palm Beach Legal Separation Lawyer
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 by contacting The Law Office of Eric C. Cheshire, P.A. today to discuss your legal separation options in West Palm Beach.
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.
Benefits of Choosing Legal Separation Over 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.
Another advantage is that a well-structured separation arrangement can give both spouses time to adjust to new routines and budgets before making irreversible decisions about property division and permanent support. In West Palm Beach, this can include planning for housing costs, commuting to workplaces in downtown or nearby cities, and coordinating school and activity schedules for children who may attend local schools in Palm Beach County. By testing what works and what does not during a separation, many couples are better prepared to either reunite on more stable terms or proceed to a more efficient, less contentious divorce if that becomes necessary.
How Separation Agreements Work With Florida Law
Because Florida does not have a formal legal separation statute, couples often use separation agreements and related court orders to address the same issues that would be handled in a divorce, while still remaining legally married. These agreements can spell out who pays which bills, how income will be shared, where the children will live, and what parenting schedule will apply for school days, weekends, and holidays. In many West Palm Beach cases, judges in the Fifteenth Judicial Circuit review these agreements in the same courthouse where divorce matters are heard, and they look for terms that are fair, workable, and consistent with Florida public policy.
Well-drafted separation agreements usually address several connected topics so that there is less confusion later if the couple decides to reconcile or move forward with a divorce. For example, the agreement may explain how temporary alimony and child support will be calculated, how retirement accounts will be handled while the spouses live apart, and whether either spouse may sell or refinance the marital home. By thinking through these issues in advance and putting clear terms in writing, you can reduce the chances of future disputes and make any later filing in Palm Beach County smoother and more predictable.
Key issues your separation agreement may cover include:
- Financial support and bills such as temporary alimony, child support, mortgage payments, and credit card obligations
- Parenting plans and time-sharing that describe where children will live, how decisions will be made, and how holidays and vacations will be divided
- Use of property and assets, including who will stay in the home, who will use certain vehicles, and how access to bank and investment accounts will be managed
What Our Clients Have to Say
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"You can too trust him!"I am using Eric for the second time, he saved this child the first time when she needed it the most. I know God’s will placed him in my life and when an incident came up again I didn’t hesitate to call Eric Cheshire. He is a Godly Man that gets at the truth to help in the best way he can with the will of God. I trust him with the most precious gift God gave me, you can too trust him.- Former Client
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"A true gentleman and professional!"As a woman of God, I would never have dreamt I needed Eric and his firm’s services. Fortunately, it was one of my better decisions. For his professionalism and kind heart made me feel that I was not in this alone. He was walking with me during the entire ordeal and I am very blessed to have a Christian man such as himself to guide me and explain everything to me. A true gentleman and professional! Thanks Eric!- Former Client
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"He genuinely cares!"Mr. Cheshire is one of the good guys. He genuinely cares about his clients and what is important to them.- Former Client
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"I am so thankful to have found someone who was so knowledgeable and considerate."As you might imagine this was a difficult time in my life. I am so thankful to have found someone who was so knowledgeable and considerate to help me through my divorce.- Former Client
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"Will hire him again if I ever need an attorney for my legal needs"I’ve used Eric Cheshire, PA over the years for my divorce and he handled it in an understanding but prompt manner. I’ve recommended him to other family and friends and they’ve been elated with his representation also. Will hire him again if I ever need an attorney for my legal needs.- Former Client
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"Great Service!"Great Service! He was kind, understanding and easy to work with.- Former Client
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"Eric fought for our family to be together."Very nice and helpful. Give my husband his legal rights as a father to be able to see his son. Eric fought for our family to be together and he always checked in with us to see how things were going. I couldn’t have asked for a better lawyer and family man. He loves his family and he loves his clients too.- Former Client
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"Very grateful!"Atty Cheshire reviewed the case carefully with my daughter and communicated with other lawyers in Missouri where she lives. We spoke with him to give other pertinent info and he kept us posted. He spent we suppose several hours on her case which helped prevent some financial pitfalls on her part. My daughter and us parents are very grateful for his foresight and timely advice. We highly recommend Atty Cheshire. (Reviewed from a potential client who consulted with Attorney Cheshire).- Former Client
Requirements for Legal Separation in Florida
The basic legal requirements for a separation-related court order in Florida include:
- Being legally married so that the court has authority to address support, parenting, and property issues between the spouses
- Having a genuine controversy such as a disagreement or marital problem that requires a court order for resolution
Typical elements that may be included in a petition or related filings are:
- The legal grounds for the separation (for example, one spouse's alleged fault for the breakdown of the marriage) if the couple disagrees on those grounds
- A statement confirming separation and that the couple agrees they are separating and will live separate lives
- A statement about cohabitation confirming that the couple agrees 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.
Get Legal Help from Our West Palm Beach 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.
When you meet with Attorney Cheshire, he will discuss your goals, explain how local judges in West Palm Beach typically approach support and parenting issues, and help you understand how a separation agreement may affect any future divorce filing. Many clients appreciate having a clear roadmap of what to expect in the Palm Beach County court system, including likely timelines, required financial disclosures, and options for resolving disagreements through negotiation or mediation instead of a contested hearing. This guidance can reduce uncertainty and help you make thoughtful decisions at each step, rather than reacting in the heat of the moment.
To schedule a consultation with The Law Office of Eric C. Cheshire, P.A. contact us online to discuss your legal separation case.