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Floirda does not recognize Legal Separation..Can I still file a motion for support unconnected with a dissolution of marriage?

Lake Worth, FL |

Entering a trial separation with my spouse. Depending on the outcome we may or may not go forward with divorce proceedings, in the meantime am I able to file for Separate Maintenance Support along with Child Support while we are separated in order to maintain the household & children?

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Attorney answers 3


Yes, of course you may file an action for support unconnected with a dissolution of marriage as per Fl. St. 61.09. In such an action the court would establish a timesharing schedule for the minor children, if any, and require the payment of alimony if the court finds that you have a need and the opposing party has the ability to pay. This action is almost the same as a divorce but there is no adjudication of property rights and no dissolution of marriage. You should consult an experienced family law attorney.


Yes, you may file a Petition for Support Unconnected with Dissolution of Marriage with Dependent or Minor Child(ren). Please see below for a form, but you may be better served seeking the advice of a family law attorney in your area.


My colleagues are correct. You can file for child support, spousal support, and parenting issues without filing for divorce. But remember, divorce, separation, and even marriage is as much of a process as an event. You will benefit from a review of your particular situation with an experienced family attorney, regardless of which path you travel.

The above is for informational and educational purposes only, does not establish an attorney client relationship, and cannot be relied upon as legal advice. The only legal advice offered is to have this matter reviewed and discussed by a competent attorney of your own choice.