Attorney for Legal Separation in Broward and Miami-Dade County
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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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.
- Over Six Decades 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.
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
Real Clients, Real Testimonials
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.
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Our Locations
Service Areas
Broward County:
- Pembroke Pines
- Miramar
- Weston
- Cooper City
- Hollywood
- Davie
- Southwest Ranches
- Sunrise
- Plantation
- Fort Lauderdale
Miami-Dade County:
- Sunny Isles Beach
- Aventura
- Golden Beach
- North Beach
- North bay Village
- Dania Beach
- Hallandale Beach
- Bal Harbour
- Bay Harbor Islands
- Indian Creek
- Surfside
- Doral
- Hialeah
- Miami Lakes
- Miami Springs
- Tamiami
- Westchester
