What is the process for filing for a legal separation?
In Florida, filing for a legal separation is a process that requires both parties to agree. To begin the process of filing for a legal separation, one of the spouses in the marriage must file a petition for legal separation with their county court. The petition must include information such as the date of the marriage, the grounds for legal separation, the property division and spousal support, if any. After the petition is filed, the other spouse will be notified and can either agree to the legal separation or contest it. If the spouse agrees, then they must sign an affidavit or “Answer” form acknowledging that they agree to the legal separation, and the court will enter a formal legal separation agreement. If the spouse contests the legal separation, then both parties may need to attend a hearing to resolve the issue. In addition to filing the petition and affidavit, the court may also require additional documents from both parties. These documents can include financial statements, written evidence regarding the reasons for the legal separation, and any other papers or documents that the court believes are necessary for the case. The court will review all of the paperwork and evidence, and then make a decision regarding the legal separation. Once the court issues a legal separation, both spouses are still considered married, however, they are no longer required to cohabitate or financially support each other. Furthermore, a legal separation does not need to be finalized with a divorce, and either party can change their mind and decide to remain legally separated.
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