Attorney for Legal Separation in Broward and Miami-Dade County

Cabanas Law Firm helps couples explore their legal separation options.

What is Legal Separation?

Legal Separations

Do you want to live separately from your spouse, but you do not want to pursue a divorce? You might not want to file for divorce for religious, financial, medical, or emotional reasons or prefer to separate first to make sure it is the right choice.

While most states recognize legal separation agreements, that is not the case in Florida. Thus, you can maintain separate households and finances without involving the court.

At the same time, there are legal remedies that can help you during this process, including requesting child or spousal support or creating a postnuptial agreement that outlines the stipulations of the separation.

An attorney at our firm can help you explore all your options. Reach out today to schedule a consultation.

Reasons Couples Choose Separation Over Divorce

Couples have a myriad of reasons for choosing legal separation over divorce. Some of the most common reasons include:

  • Maintaining health care coverage
  • Receiving the tax benefits of marriage
  • Maintaining immigration status
  • Religious beliefs
  • Waiting to make sure divorce is the right option

Once you separate, you can decide to proceed with a divorce or remain married while living separately.

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Call Now: (954) 447-2580

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Why Choose Cabanas Law Firm?
  • Fully Bilingual – Our attorneys and staff are fluent in English and Spanish, so you don’t have to worry about the details getting lost in translation.  
  • 105  Years of Combined Experience – Sergio Cabanas, Esq. was admitted into the Florida Bar Association in 1991 and founded the firm in 2006. The firm’s attorneys have more than six decades of combined experience in family law.
  • Clients Are the Priority – Our Broward and Miami-Dade County family law & divorce attorneys make each client a priority. We respond to all communications within 24 hours and provide concierge-level client services to busy professionals.
  • Certified Mediators – As certified mediators, our attorneys can help clients resolve divorce and family law issues with as little contention as possible.
  • Three Office Locations– Cabanas Law Firm has three offices in South Florida. You can meet with an attorney at our Pembroke Pines, Weston, or Sunny Isles Beach office.

Petition For Support Without Divorce

You can file a Petition for Support without Divorce for alimony and child support. Even though the court does not recognize legal separation, it does award support when there is a need and ability to pay.

Your spouse will have 20 days to file a counter-petition or agree to the terms after you file the paperwork. If your spouse agrees, you can enter into an agreement immediately. If not, you will attend a hearing. The judge will consider your need for support along with your spouse’s ability to pay it during the hearing. Because support is not automatic, it is helpful to have a legal separation attorney represent you at the hearing.

Postnuptial Agreements For Separating Spouses

You can enter into a postnuptial agreement with your spouse to detail the terms of your separation. These agreements can settle various matters, including who will reside in the marital residence, how you will divide the property, and how much spousal support will be provided, if applicable.

While you can use a postnuptial agreement to iron out a lot of the details of the separation, there are limits. For instance, you cannot use it to set child support. Thus, consult with an attorney before creating the agreement. Your attorney can go over the legalities to help you draft an enforceable agreement.

Separation Agreements

Some couples choose to create separation agreements, but they are not recognized by the state. Thus, you will not have legal recourse if the other party breaks the agreement. Instead of creating a separation agreement, you can protect your interests through a postnuptial agreement or a petition for support. Both of these are legally recognized, so you can take action to enforce them if your spouse does not comply. Contact our firm today to discuss your options with a legal separation attorney.

Complications Of Legal Separation

There are some possible legal complications to consider with legal separation. First, paternity is assumed when a couple is married. Thus, if a woman becomes pregnant during the separation, her estranged spouse will be the presumed father. Thus, a paternity action will be required so the biological father can obtain parental rights. In addition, one spouse might leave the state, complicating future divorce proceedings. Consult with a legal separation attorney from our firm to go over the benefits and drawbacks.

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Why Choose The Divorce & Mediation Law Firm

Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.

We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.

Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.

Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.

Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.

Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.

Why Choose The Divorce & Mediation Law Firm

1. Highly Responsive – We strive for rapid return calls. No going dark or waiting days to hear back.

2. We Take Complex and Difficult Cases – This is where tenacity and knowledge of the law matter. We do what’s necessary, even in challenging situations.

3. Experienced – Our attorneys have had years of experience in handling divorces for doctors, business owners, and executives, and we are 100% dedicated to divorce and family law.

4. Honesty and Transparency – You’ve made an important decision in your life. We respect you for that. Our approach focuses on efficiency and speed to resolve cases as quickly as we can to get your life back to normal sooner.

5. Caring & Compassionate (Truly) – We have a personal connection to divorce and family law matters. We know what it takes, even in extraordinarily difficult situations.

6. Personalized Attention – We understand and respect that every client’s needs are unique. We treat all of our clients with the attention they deserve.

Meet Our Attorneys

Sergio Cabanas, Esq.

Managing Attorney & Founder

Laura Grossman, Esq.

Senior Associate Attorney

Brian Prieto, Esq.

Associate Attorney

Rosa Armesto, Esq.

Senior Associate Attorney

Real Clients, Real Testimonials

Good
Based on 177 reviews
Milaydi Figueroa
Milaydi Figueroa
2023-04-05
Acabo de enterarme que firmo el juez hoy mi divorcio. Gracias Cabanas law firm , gracias al abogado Sergio Cabanas por desde el primer día en que llegue llorando me dio seguridad y sali con una sonrisa , me dio mucha tranquilidad encontrarlos y contratarlos . Mil gracias al Attorney Brian Prieto , muy preciso al explicarme las estrategias , y por representarme en corte . Nichol sabes que fuiste muy especial gracias por estar ahi siempre para mi , al igual que Kelly. Los recomiendo 100% . Dos meses resolvieron mi divorcio . 😘😘😘
Elvis Drumond
Elvis Drumond
2023-03-29
I received an Excellent service from Roxy and Sergio Cabanas I couldn’t ask for anything better, I highly Recommend this Law Firm, They very professional and caring, God bless you all.
leslie novoa
leslie novoa
2023-03-26
The lawyer Sergio Cabanas is a great professional. He was extremely patient while he was answering all my questions. He made feel really confortable and that I could trust him. The staff and specialty Stephany Pelaez are extremely nice willing always to help you. Thank you for making me feel so comfortable and for all your help.
Allan Foster
Allan Foster
2023-03-10
Thank you Mr Sergio Lara & Gabriella for your great work by allowing me to go up the street smiling
chris fisher
chris fisher
2023-03-03
The entire staff was amazing! From first meeting to final judgement it was barely a month and they kept me updated every step of the way. It’s worth spending your money on a firm that knows what they’re doing, and this team DEFINITELY knows what they’re doing!
Cheryl Bland
Cheryl Bland
2023-03-01
What an amazing Law firm. I've had the pleasure of working with Roxy Friedland who is also amazing. Loved her attention to detail. Thank you Cabanas Law Firm.
Francisco J Colon
Francisco J Colon
2023-02-28
I have worked with Cabanas Law, P.A and have known Attorney Sergio Cabanas for over 11 years. He and his office staff are very knowledgeable and super professional. I highly recommend them!
Tanya Esposito
Tanya Esposito
2023-02-27
I have known Attorney Grossman since 2001 and trusted her with my friend’s family matter when I was asked for a referral. My friend was completely satisfied. She is highly recommended!
Jaime Velez
Jaime Velez
2023-02-27
Mi experiencia con la oficina de abogados fue excepcional, tienen un staff comprometido con los clientes en inglés y español . Logré mi divorcio en 5 semanas algo increíble . Los recomiendo ampliamente.

Professional Associations

Complimentary Divorce Kit

Our easy-to-use kits will provide some answers to your questions and get the ball rolling to enable you to move through the process as quickly as possible.

Divorce Kit For Men

About Divorce

Divorce Kit For Women

About Divorce

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