Separation without divorce…is that possible?

By Robin Roshkind, Esquire, West Palm Beach, Florida

In Palm Beach County, Florida, it is possible to file for support without divorce.  This allows a couple to separate, by agreement, and give the marriage a chance to heal.  Or not.

Couples generally take this time to “date” each other, go to marriage counseling, or “try on” the single life.  A written agreement between the parties can be filed with the court, as to who pays for what with reference to mortgage payments, child support, groceries, car payments, utility bills and the like.  It can also set forth living arrangements and who stays in the marital residence.

Another concept under the law in the state of Florida is the abatement of proceedings.  If you or your spouse has already filed for a divorce, and you wish to go to marriage counseling, or try to mend the marriage, you can abate the divorce proceedings for as long as 4 months by agreement of the parties.  You still need a written agreement as to the children’s issues, living arrangements and such, but the divorce is bascially put on hold with an abatement by court order.

Judges want to be certain that before granting a divorce, the marriage is in fact irretrievably broken.  Support without divorce, or abatement of divorce proceedings are the way to determine that.  For more information about this or other divorce questions, please call one of the attorneys at ROBIN ROSHKIND, P.A. at 561-835-9091, or click on the Firm web site at www.familylawwpb.com.

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