What is a Legal Separation?

What is a Legal Separation and how is it different from a divorce? Florida Lawyer Sergio Cabanas talks about the differences between each when applied to the State of Florida.
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Watch the Video in English:
What is a Legal Separation?
• What is a Legal Separa...
Mira el video en español:
Qué es una separación legal?
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**Please note that the information in this video is not an adequate substitute for a consultation with an attorney who is knowledgeable in this subject area and could review the specifics of your individual matter and determine how the law would apply in your particular case.**
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Sergio Cabanas, Esq. has been practicing law since 1991, after graduating from Washington College of Law in Washington D.C. Attorney Cabanas is admitted to practice in the State of Florida and the U.S. Court for the Southern District of Florida and the U.S. Bankruptcy Court. He founded the Divorce and Mediation Law Firm in 2006.
The Divorce and Mediation Law Firm focuses on Divorce, Mediation, Child Custody, Child Support, Alimony, Prenuptial Agreements, Post-nuptial Agreements, Domestic Violence, and Post-Divorce Related issues.
The firm has three locations: Pembroke Pines, Weston, and Sunny Isles Beach in South Florida. If you would want to consult, you can reach the firm at [phone]. We are open from 9AM to 5PM, Mondays to Fridays.
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Timestamps:
00:00 Introduction
00:07 What is a Legal Separation?
02:20 Outro
Transcript:
Today's question is: Sergio, my spouse and I are interested in having some type of legal separation. How do we go about doing that in the state of Florida?
Well, in short, Florida recognizes where one has a legal marriage and Florida law recognizes where one has a legal divorce. But what about
this gray area in between?
Well, Florida law doesn't really recognize what may be referred to in some places as a legal separation.
Of course, from a practical standpoint, it's very common for married couples to end up separating before a divorce is ever finalized.
For example, they may decide to sleep in separate beds, or separate bedrooms, they may even decide to live apart completely.
Often, they separate the marital assets and the marital debts, and they each go about living their own separate lives.
Now, there are many reasons why a couple choose to separate without getting a divorce. For example, they may want to stay married for... religious reasons, immigration requirements, financial or medical reasons, or for their children, and the list goes on.
If you find yourself in this situation, consider entering into what's called
a postnuptial agreement.
A postnuptial agreement is basically a contract between spouses that outlines the ownership of financial assets in the event of a divorce.
It's kind of like a contract that stipulates who gets what during their separation. So, we can use a postnuptial agreement to acknowledge that
the parties have agreed to, number 1: a separation as of a certain firm date.
Number 2: it also delineates the separation of assets and debts as of that date.
And number 3: it establishes that any assets and debts or income that's generated thereafter will be considered separate and non-marital.
This allows for the parties to acquire assets, debts, and incomes during their separation, without worrying about the other spouse getting involved in this financial transactions whether they wanted it or not.
When one or both spouses decide to move forward with a divorce, the spouses have the ability to enforce the terms and conditions of the postnuptial agreement, that already acknowledges a separation, as well as a separation of assets and debts.
This allows for a quicker easier and less expensive divorce.
I hope this short video provided you with some guidance over a commonly asked question about these "legal separations" in the state of Florida.
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Was Legal Separation brought up by your spouse as one of your options besides divorce? While it might not be applicable in Florida, you still have other options such as Postnuptial Agreements. Give us a call at [phone] so we can provide you options.