Stumper Detail

Date: Friday, September 1, 2000 
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. 
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 index.html 
Librarian: SLF 

Close this Window