Alternatives to Divorce
Melbourne attorney assisting those who wish to separate from their spouse without filing for divorce
There are many reasons why one may wish to legally separate from their spouse. These reasons often include religious beliefs, the maintaining of health insurance, maintaining retirement benefits, or so the parties may engage in a trial separation in order to achieve reconciliation.
Unlike many other states, Florida, does not recognize the concept of a legal separation which means spouses who have split remain potentially liable for debt and acquired property following the separation. If you are separating from your spouse then it is important to have legal mechanisms in place which guard your interests and protect you from losing anything more than legally required.
The alternatives to divorce to make sure you and your spouse are not financially responsible for one another including a postnuptial agreement, separation agreement, or filing a Petition for Support. A postnuptial agreement or separation agreement can allow the spouses to live apart, divide the marital property to each spouse, set spousal support (if any), and will keep future earnings, property, and debt separate.
A Petition for Support allows a spouse to request alimony and child support if the other spouse has moved out of the marital residence, but the parties do not wish to proceed with a divorce. Such protections can be important for a simple reason – if the parties separate then property or debt acquired after the separation would otherwise be considered part of the marriage. By putting protections in place you help to protect your future.
Beth Clause is a Melbourne that can assist you and/or your spouse who wish to remain married to their spouse while having legal protections in place during a separation. She help you understand whether doing so is in your best interests. She will then work to identify all assets and debts and draft an agreement which will protect you going forward. BLC Law will ensure that all issues are covered in the agreement so there are no “surprises” later down the road. Beth understands the importance of this situation in your life and she will take it seriously.
Please feel free to contact our office at (321) 306-8718 or email us at [email protected] to schedule a free 30 minute consultation by phone.
BLC Law clients in the Seminole, Osceola and Brevard County cities of Titusville, Cocoa, Palm Bay, Grant-Valkaria, and Rockledge, as well as in the Indian River County areas of Fellsmere, Sebastian, Vero Beach, Indian River Shores, and Orchid.