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Understanding Divorce and Separate Maintenance Proceedings


Before you make the ultimate decision to file for a divorce process, or maybe what in Florida is termed a dissolution of marriage, lots of couples elect to go through a period of time living away from each other. This could be a positive action that can provide each individual with a little bit of solace and the opportunity to reflect on the dynamics of the marriage with a renewed viewpoint. Many married couples separate with the goal of trying to repair the marital relationship, and others see separation as a essential action to take as they’re awaiting the dissolution of marriage to become final. And there are also couples that separate having no intention of either fixing or dissolving the spousal relationship; this could be carried out for faith based or economic reasons.

 

A good number of states permit what’s called a “legal separation,” however Florida is among the exceptions.   Even so, there are laws that affect married partners that prefer to live separately. Child support is usually a situation that will be dealt with, and most often the mother and father that are living individually will probably consent to an arrangement, although the court may come up with a determination and issue an order when needed. Even though alimony is only appropriate to married couples who are dissolving their marriage, there’s a legal provision for payment by one estranged partner to the other should they be living individually although they are still legally married. This is called separate maintenance, and yet again, it is an issue that both individuals may consent to voluntarily, however it could also be resolved through the court.

 

It makes a great deal of sense for a couple who might be experiencing marital issues to reside away from each other for a little bit on a tentative basis ahead of deciding that the spousal relationship is finished permanently. However, financial need could force a person who required fiscal support to file for dissolution looking for alimony when a separation could possibly be the best option. Spousal maintenance may also be directed in the event the separation came about as a result of an act of domestic violence. In the event the married couple was to proceed with a dissolution of marriage process when a separate maintenance arrangement was in place, that will needless to say be superseded by any subsequent alimony order or agreement that was contained in the terms and conditions of the divorce.

 

For those who have questions or worries concerning a divorce and separate maintenance issue, contact a Jacksonville FL child custody lawyer to request a complimentary consultation. The best divorce lawyer Jacksonville can offer the assistance you need with your Jacksonville FL divorce.




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