Ending a marriage is a major decision, and legal separation can be a viable alternative that helps a couple decide whether they can reconcile or if they need to finalize a divorce. Legal separation allows the couple to address all of the issues they would need to address in a divorce and creates a legally enforceable court order while allowing them to remain legally married. Mediation for Florida legal separation agreements can be a valuable option for resolving this process.
The attorneys at Shore to Shore Mediation have years of experience helping our clients navigate difficult family law matters, from divorces and custody disputes to legal separation. Many couples with strained marriages explore legal separation for many reasons, and it’s important to consider whether this could be a viable alternative to divorce for you and your spouse.
However, do not assume that a legal separation will be a simpler process to complete than a divorce. Legal separation requires addressing the same issues that a divorce would entail, from property division and spousal support/alimony to child custody. The main difference is that you and your spouse remain legally married at the end. You can use this time to reflect on whether you can reconcile, or your legal separation could serve as a springboard for a future divorce.
When you hire a mediation lawyer, you can resolve legal separation more efficiently than you could expect in family court litigation. Mediation is one of the most popular forms of alternative dispute resolution for divorce in the United States, and it can also be used to resolve legal separation in Florida.
Our team can help you understand Florida mediation laws, gather the documentation you need to complete the process, and provide ongoing support through your mediation sessions.
According to a 2022 study from the National Center for Family and Marriage Research at Bowling Green State University, the divorce rate in Florida was 14.99 per 1,000 married women, placing the state in the third quartile for statewide divorce rate that year. Florida is a no-fault divorce state, so it is possible to file for divorce on the grounds of irreconcilable differences with your spouse, but it is important to understand the potential benefits of legal separation.
When you are legally separated from your spouse in Florida, the two of you can each establish your respective individual living arrangements while retaining the benefits of staying legally married. You will have a court order that establishes rules for both you and your spouse, and you can divide your property according to Florida’s equitable distribution rules, establish terms for spousal support, and resolve child custody and child support if you have children.
Some couples choose legal separation due to their religious beliefs that prohibit divorce. Legal separation enables them to establish separate living arrangements while addressing the formal legal issues that they must acknowledge with this decision, such as child custody and property division. Others use legal separation for space while they decide whether they wish to remain married.
When children are involved, separation can create firm custody and support rules that provide structure for the children while also ensuring their basic needs are addressed. This can essentially serve to show the family what a complete divorce may look like while minimizing disruption to the children’s lives.
Separating can allow each of the spouses to establish individual living arrangements and allow them to consider whether reconciliation is a viable option. While separated, the couple can continue sharing health insurance and file joint tax returns. Legal separation is flexible, and it’s possible for the couple to have the order terminated if they decide to reunite and fix their marriage, or they can use the separation to streamline a complete divorce.
During mediation, the spouses and their respective attorneys meet privately with a neutral mediator who helps them draft their separation agreement. This process is entirely private, so everything discussed in your mediation sessions will not become public record. When you litigate a family court matter, everything said in the courtroom is entered into the public record, and these cases often require discussion of sensitive personal issues.
Along with privacy, legal separation also allows for more influence over the final outcome of the case. When you litigate a legal separation, the court has the final say on every element of the separation, whereas mediation offers an avenue for you and your spouse to customize your agreement in close detail. You can account for personal issues that may not receive adequate attention in litigation.
During mediation sessions, the couple can address each item one at a time to draft a legally enforceable separation agreement. They can negotiate property division, spousal support, and other financial matters, and they can also negotiate a parenting plan and child support terms for their children. This all unfolds in a more relaxed environment, and the mediator can clarify legal statutes and keep conversations focused and productive.
Generally, mediation can be completed much faster than litigation, and the couple will have more control over the outcome of this process. Once they have drafted a separation agreement, they can present it to the family court for final review and approval. The separation agreement will set firm rules for both spouses, and it is possible for them to revisit the agreement and adjust it in the future if necessary. They can also agree to terminate the order if they decide to reconcile.
Ultimately, there are many potential benefits to choosing legal separation rather than divorce in Florida, and mediation can make resolving a separation agreement much easier. You should hire a mediation lawyer if you intend to explore this process. Your attorney can help you understand what to expect as the case unfolds, gather all of the records and documentation you will need to complete the process, and provide ongoing support through every mediation session.
Shore to Shore Mediation has extensive experience helping our clients in Florida with mediation for legal separation, and we are ready to apply this experience to your case. If you are curious about the potential advantages of mediation, contact us today and schedule a consultation with our team.
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