How does legal separation work? he doesn’t want to move out because he said it’s his house. Wife doesn’t want to move out because she doesn’t want to leave. Husband is the one the wants to have freedom. Who has the right to stay in the house? we have 1 child 9 yrs old. Is there alimony and child support in legal separation?
Legal separation does not exist in the State of Florida.
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I have moved your question to Divorce and Separation. While Florida does not have formal separation, this does not mean, however, that separating from your spouse is not without benefits. You may be entitled to file an action to establish child support and/or alimony. In addition, there are other ways in which you may be able to achieve the results of a legal separation despite its nonexistence in Florida. Florida law has definite and clear provisions on child support between parents that are separated.
Concerning the house, property bought with marital funds during the marriage are by default considered marital property. The court can decide how to divide marital property but are instructed to divide it equitably. If your spouse bought a house just before you go married, but marital funds were used to pay the mortgage, this may result in a percentage of the house being awarded to the person who did not originally purchase the house. I advise you to set up time to speak with a Florida Divorce attorney about your issues.
Unfortunately legal separation does not exist in the state of Florida and both of you are entitled to stay in the marital home unless there is violence or some other threat resulting in a permanent injunction. Luckily you can be divorced and decide about the home relatively quickly. Even in less than a month If you hire the right attorney and work together to divide your assets and liabilities. Consult with one today
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