We get many inquiries about obtaining a “legal separation”.   Unlike some other states, Florida does not provide a formal process for obtaining a legal judgment of separation.  This is not to say you can’t legally separate.  All you have to do is go about physically separating.  You can do this through a verbal agreement or you can move out without any mutual understanding between you and your spouse.  You can even move out without your spouses’ consent and not violate any law.   However before moving out, you should consult with an attorney as this could impact your case in court.

A better way to go about it is to arrive at a separation through a written agreement.  You’d be wise to have one prepared by an attorney who can help you set some parameters for child support, time-sharing with children and alimony, as well as protecting your property and financial interests.  There are also tax advantages to having an agreement in writing.  A separation agreement can smooth the transition from separation to divorce or sometimes back to a meaningful reconciliation.  And, by having a written agreement, you avoid disputes about what promises were actually made.