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Daniel Solutions, Divorce Lawyer
Category: Family Law
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Experience:  Practicing Attorney for over 15 years
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i have been married 10 yrs (the end of the month is our anniversary).

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i have been married 10 yrs (the end of the month is our anniversary). i am looking into filing for legal separation. i understand there is no such thing in florida? i have 2 small boys, 7&9. my husband has put me through hell (violent alcoholism/drugs, problems with the law the last 5 yrs, for which he got away with thanks to my help). now he has blocked me out of all bank accounts and i am unable to pay my bills. he continues to pay HIS credit card bill and household bills but i totally have no access to any of OUR funds. he owns his owns business for 19 yrs. (i've worked with him for 9 yrs. and i ran the office for 3 yrs. while he was in recovery). now that he is in recovery, he has gotten very "cocky" and refuses to pay my bills. all accounts were on both our names and he let the accounts get overdrawn and they are now closed. he has since then opened up an account only under his name leaving me no access to any funds. i appreciate your advice. thanks
There is no legal separation in Florida. A separation agreement can be done but it is not considered a legal separation.
There is a Florida Substitute to Filing for Legal Separation
•You can petition the court for child support during a marital separation
•In some cases, you can petition the court for alimony during a marital separation. This type of temporary alimony award seems to be extremely rare.

If a person having the ability to contribute to the maintenance of his or her spouse and support of his or her minor child fails to do so, the spouse who is not receiving support or who has custody of the child or with whom the child has primary residence may apply to the court for alimony and for support for the child without seeking dissolution of marriage, and the court shall enter an order as it deems just and proper.

The courts will usually be willing to enter an order requiring child support. There is a strong public policy in Florida requiring parents to support their children. Alimony is more difficult to get - without a divorce proceeding. If you need alimony and the factors are in your favor - you should go ahead and get a divorce. Alimony is always easiest to get as part of a divorce.

This is accomplished by filing a petition for child support against the other parent. This type of lawsuit is filed in the same court and before the same judge as a divorce action.
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