Curry Law Group

Separation Agreement Attorney in Brandon

A separation agreement defines the terms of your separation. Curry Law Group helps draft comprehensive agreements protecting all parties.

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What is a Separation Agreement?

A separation agreement is a contract between spouses addressing property division, alimony, custody, and support during separation or divorce. These agreements can simplify divorce proceedings if they are comprehensive and fair.

Key Components of Separation Agreements

Separation agreements typically address: property division, retirement account division, debt allocation, alimony terms, child custody and visitation, child support, health insurance, taxes, and dispute resolution procedures.

Enforceability of Separation Agreements

Separation agreements are generally enforceable if both parties signed voluntarily, understood the terms, and were represented by counsel (or knowingly waived counsel). Courts will enforce agreements reached by informed consent.

Modification of Separation Agreements

Separation agreements can be modified only by mutual agreement. However, child custody and support can be modified if substantial changes in circumstances occur after the agreement is signed.

Frequently Asked Questions

Do I need a lawyer to create a separation agreement? While not required, attorney review is highly recommended to ensure your interests are protected. Can a separation agreement include custody terms? Yes, but custody terms must still meet the "best interests of the child" standard. What if I change my mind about the separation agreement? Once signed and approved by a judge, modification is difficult unless fraud or duress is proven.

Contact Curry Law Group Today

For separation agreement drafting and review, Curry Law Group provides experienced counsel. Call 813-653-2500.

Serving the Greater Tampa Bay Area

Our attorneys represent clients across Hillsborough County. Explore this practice in your community:

Key Legal Terms

Important Family Law Terms

Understanding these terms can help you make informed decisions about your case.

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Curry Law Group — Divorce Series

Our family law attorneys walk through the divorce process, custody, alimony, and what Florida families need to know before filing.

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Forms & Common Questions

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Related Legal Forms

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Dissolution of Marriage

Initial information form for divorce proceedings.

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Post-Dissolution Modification

For modifications to existing divorce decrees, custody, or support orders.

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Paternity Questionnaire

Complete for paternity establishment, custody, and child support matters.

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Postnuptial Agreement

Information form for postnuptial agreement requests covering property and debt.

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Top-Asked Questions

Florida courts make custody decisions based on the best interests of the child. Factors considered include each parent's relationship with the child, ability to provide care, stability, the child's preference (if old enough), and any history of abuse or substance abuse. Courts typically prefer "shared parental responsibility" when both parents are fit and involved.

Florida uses an income-shares model for child support. Both parents' incomes are considered, along with the number of overnights each parent has. The state provides guidelines, but judges can deviate from them based on special circumstances like high incomes, special needs, or private school expenses. Child support continues until the child is 18 (or 19 if still in high school).

Alimony is spousal support paid to a lower-earning spouse after divorce. Florida recognizes several types: temporary (during divorce), bridge-the-gap (short-term), rehabilitative (to help a spouse become self-supporting), durational (limited time), and permanent (typically for long marriages). Courts consider factors like the marriage length, each spouse's income, and earning capacity.

Florida is an "equitable distribution" state—not a community property state. This means marital property is divided fairly (not necessarily 50/50) based on each spouse's contributions, economic circumstances, and other factors. Non-marital property (owned before marriage or inherited) is not divided. We help protect your assets and present a fair division argument.

Yes, either parent can request modification if there's been a "substantial change in circumstances" since the original order. This might include job loss, relocation, change in custody needs, or change in income. We'll help you navigate the modification process and present the strongest case for your situation.

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