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Is there a legal separation?

rechel & associates, p.a.


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The question often arises during a divorce “instead of a divorce, is there legal separation?” Theodore Rechel of Rechel & Associates in Tampa, Florida answers this question.

Video Transcript:

The common misperception in the State of Florida is that there is no legal separation, but in fact, there is. The action is called Separate Maintenance Action, and you can enter into Separate Maintenance Agreement. It will do everything that a divorce does with the exception of actually breaking the balance and the bonds of marriage and dividing up the assets and liabilities on a permanent basis. It would set a temporary parenting plan and a temporary time-sharing schedule. It would set temporary alimony and child support, and it would determine who has used admirable property on a temporary basis and who would be responsible for paying marital liabilities on a temporary basis while the parties are separated. It will allow people to live separately but still being married. You may hear actually that there is no legal separation, but in fact, there is. It's just a part of the statute that is not regularly exercised and in action, that's not normally brought before the court.


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