Legal Separation Lawyer Tampa FL

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Many married couples "separate" when they are contemplating a divorce or taking a break from their relationship. "Legal separation," however, specifically refers to a court-approved separation. Such a separation defines legal rights and obligations, while it doesn't permanently end the marriage. Legal separation differs from more informal separations because a court must approve and order it. It differs from divorce because the marriage continues to exist after a legal separation.

Legal separation appeals to couples who don't want to divorce but will live separately and want to legally clarify matters such as child support, child custody, and property division. The formalized separation typically applies to couples who foresee permanent separation, rather than a temporary trial separation. Common reasons a couple might wish to separate, rather than divorce, include the financial benefits of remaining married (such as tax incentives) and religious beliefs which may conflict with divorce.

Additionally, couples can reap the benefits of legal clarity similar to divorce orders. Property rights between the two parties are divvied up, along with child custody, child support, and spousal support rights and obligations as well. While couples can simply agree to such matters without court involvement, obtaining a court-approved separation makes it easier to enforce these rights in the event that disputes arise.

Grounds for legal separation typically mirror state grounds for divorce and can include the following: incompatibility; abandonment; adultery; and cruelty. Just as in a divorce, the child custody, child support, and spousal support conditions can only be modified with court approval.

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Legal Separation Lawyer Tampa FL

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