Date: |
Friday, September 1, 2000
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Question/Topic: |
Need info on how a resident of Florida goes about getting a
Legal Separation and if this puts a hold on all assets till
Dissolution of Marriage takes place. Thank you.
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Answer/Pointer: |
According to a book called How to File for Divorce in
Florida, 6th edition, by Edward A. Haman (Naperville, IL:
Sphinx Publishing, 1999), Florida does not permit a legal
separation, which is a procedure available in some states
to divide the property and provide for child custody and
support in cases where the husband and wife live separately,
but remain married. This is usually used to break the
financial rights and obligations of a couple whose religion
does not permit divorce. Some states refer to this
procedure as divorce from bed and board. It is an old
procedure that is gradually fading. Section 61.031 of the
Florida Statutes specifically states: "No dissolution of
marriage is from bed and board, but is from bonds of
matrimony."
Florida law (sections 61.09 and 61.10, Florida Statutes)
does provide the ability to obtain child support or alimony,
and determine custody and visitation rights, without
getting a divorce; but it does not allow for the division
of property. Because it does not divide property, it is
technically not a legal separation, although it is sometimes
mistakenly called a legal separation. These statues refer
to these as proceedings "unconnected with dissolution,"
and they are beyond the scope of this book.
The Florida Statutes can be found at
http://www.leg.state.fl.us/citizen/documents/statutes/
index.html
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Librarian: |
SLF
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Comments: |
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