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Florida does not recognize legal separation. You cannot petition the court for a legal separation.☐ I disagree with my spouse's statement about marital property and further state that. "Separation" simply means living apart. You do not need to file court papers to separate. Once filed, the Summons, Complaint, and Notice and Motion for Temporary Relief are personally served upon the other spouse or his or her attorney. Aspx. Talk to a lawyer, if you can. Instead of alleging that there is no way you can save your marriage, you allege that you and your spouse live apart. Separation Complaints.