SPOUSAL SUPPORT, CHILD SUPPORT AND PARENTING PLAN WITHOUT A DIVORCE

Faulkner Legal Group, P.A., an Orlando divorce, paternity and legal separation law firm, handles a variety of family law issues in the Orlando, Central Florida and surrounding areas as well as the State of Florida as a whole.  Although Florida does not per se have a cause of action for "legal separation," Florida does have a statute that allows for the adjudication of obligations to support one's spouse or minor child unconnected with dissolution of marriage.  As an Orlando family law attorney, David A. Faulkner represents clients with regard to the adjudication of obligations to support a spouse or minor child unconnected with dissolution of marriage.   The statute in question is Section 61.10, Florida Statutes.   Said statute provides as follows:

61 . 10. Adjudication of obligation to support spouse or minor child unconnected with dissolution; parenting plan

Except when relief is afforded by some other pending civil action or proceeding, a spouse residing in this state apart from his or her spouse and minor child, whether or not such separation is through his or her fault, may obtain an adjudication of obligation to maintain the spouse and minor child, if any. The court shall adjudicate his or her financial obligations to the spouse and child and shall establish the parenting plan for the parties. Such an action does not preclude either party from maintaining any other proceeding under this chapter for other or additional relief at any time.

Thus, if you are married but separated from your spouse, through the remedy provided by Section 61.10 you may have the ability to have a court order, if legally justified, spousal support and child support unless there is some other pending case that would allow for those items to be determined.  Further, under those circumstances you could have the court determine a parenting plan with regard to any minor children of the marriage.   Through such a parenting plan, the court could decide such issues as shared parental responsibility and time-sharing with regard to the minor children.

Attorney Faulkner is often asked about whether the remedies provided by Section 61.10 are in a client's best interests vis-à-vis proceeding with a divorce.  Section 61.10's remedies may be appropriate for a spouse who is "taking a break" from his or her spouse but does not wish to go as far as filing for a divorce, which might further drive a wedge between the spouses.   Attorney Faulkner usually advises, however, that his clients proceed with a divorce filing rather than bringing a cause of action pursuant to Section 61.10.   If the parties' separation ultimately leads to a divorce, then each of the parties would have to incur greater attorney's fees and litigation costs if the parties had originally proceeded under Section 61.10.   It is also important to note, that if a party proceeds by filing a divorce and there is a subsequent reconciliation between the parties, then the divorce could be voluntarily dismissed or temporarily abated (placed in limbo), thereby giving the parties an opportunity to repair the marriage.   Also, parties have the ability to pursue marriage counseling while a divorce is proceeding.

If you have questions regarding seeking spousal support, child support or a parenting plan without filing for a divorce, as provided in Section 61.10, then contact Orlando family law attorney David A. Faulkner today.  Attorney Faulkner will be able to review your circumstances and provide you with advice as to the best way to proceed.   Call today.