• Learn the rules for divorce in Florida.ring image by Jens Klingebiel from Fotolia.com
  
  Marriage separation, also known as legal separation or marital separation is the legal process in which a couple formalizes a "de facto" separation. During this separation, the couple is still legally married; however, the legal separation is granted in the form of a court order. Different states have different laws regarding marriage separation and Florida is no exception.
  
  

Marital Separation Orders

• Florida does not actually have a legal separation provision. Even though its courts don't actually issue marriage separation court orders, the Florida courts do have certain provisions that regulate spousal and child support, custody and visitation during separation. In Florida, when one spouse resides in a state different from the other spouse and child, the spouse in the other state may obtain an adjudication of obligation to the spouse and the child. The exception to this rule is if relief is afforded by a different pending civil action or proceeding. Further, the above stipulation remains whether the residence in the opposite state is due to choice, or necessity.
  
  

Financial Obligations

• When a married couple sues for support, the court then has the right to adjudicate the financial obligations of the spouse to the other spouse and the child, if there is one. Additionally, although the court does not issue an order for separation, the Florida courts can establish the child's primary residence throughout the period of separation. This means that the courts have the right to determine if the child should stay with his or her mother or his father.
  
  

Custody

• The courts have the right to determine custody and visitation rights for the parties during the separation. Of course, this is dependent upon a lot of different factors. For example, how many children are there? What are the working hours for each of the parents? Who has primary custody during the separation? During a separation in Florida, the two parties aren't prohibited from maintaining any other proceedings under this chapter for other or additional relief. Thus, even though the Florida courts don't have specific rules for separation, the courts can take an active role in the process.