FIDA Cameroon has long been an integral part of the movement toward gender equality not just in Cameroon but in all of Africa. As a volunteer for the legal bar association for women lawyers, I have an opportunity to be a part of the movement to provide women with legal aid services as well as give them education about their legal rights and empower them to protect those rights. Lawyers are not just deposits of legal knowledge and skills but they represent a wealth of information accessible to society. Just as I am a friend to the local legal system in Cameroon, with hopes of extending my reach to the women of Florida, others are also trying to contribute to the understanding of the legal separation process in Florida and what women in different parts of the world can do to improve their legal knowledge and keep that spirit of advocacy close to their hearts.
This brief article will explore an issue that ties in with some of the legal work we do in our attempts to empower the women of Cameroon and the world; that is, what is legally separated in Florida? These are questions women should be able to answer when a marriage has broken down and a woman knows she has a right to seek redress under the law.
The laws governing marital statuses are different in each region. Though states and countries may use the same words to describe these statuses, the laws surrounding them are issues women must know to protect their rights. People must understand the meaning of marital statuses such as “legally separated” in order to be aware of their rights. In Cameroon for example, when a woman or even a husband needs to separate from their spouse, they must file for divorce (divorce is known in Cameroon to mean “separation”). It may be interesting to know that Cameroon has two forms of matrimony; that is, civil law and customary law. Under civil law, the husband and wife have equal rights as both spouses must consent to the legal separation or divorce. However, customary law is male dominated as women have no rights unless her family gives her some protection.
In Cameroon, there is no such thing as legal separation. There is separation and there is divorce. The problem we face with divorce is the lack of access to the courts and the high cost of going to court. It is often said that if you go to court, whether as plaintiff or defendant, you have lost already. So many people opt for the customary separation that is recognized by the State. Practically, people who leave unhappy relationships seeking peace and the rights of one party are the ones who benefit. Florida recognizes many other ways of separating or divorcing. There is the option of “legal separation” to end a marriage and give the parties a chance to work out a divorce settlement. Under Florida’s legal separation, financial support, child custody, and property division matters would be left to the courts to determine.
The divorce statutes in Florida give additional details that would be necessary for the individuals to know in order to seek the desired relief. Many women may seek this separation from their husbands knowing that they have the opportunity to have a voice in legal decisions that can affect their financial status, parenting plans, and any other issues they would like to see resolved through equitable settlements. When a woman understands what it means to be legally separated in Florida, if she is placed in a position of discomfort in her home or place of residence, she can take action. Knowledge translates to action and can lead to solutions or even prevent oppression. Especially where customary regimes tend to suppress women due to lack of knowledge of their rights, solutions can be implemented to prevent violation of the rights of women if the remedies are known.
Legal separation does not automatically dissolve a marriage, but it allows the parties to live apart and agree on the issues of property and custody division among others. Thus, the rights of each party will be preserved and violations that can occur if the couple continues to reside together can be avoided. Sometimes the solution is as easy as having the parties agree on terms without litigation to avoid high costs. If there is no conflicting interest between the spouses, Florida legal separation can be an easy way for both parties to get some peace. However, if both parties have opposing views, litigation can help to amicably settle issues without the need for separation. الحفاظ على التعليم والتواصل لتوسيع الحقوق ومواطني العالم يفهمون دور وتتجه فخر للأزواج وأيضا فرج الفقراء والمحرومين.
Fida provides legal aid services to women and children in Cameroon and provides training opportunities and resources for women lawyers to benefit the community. Fida aims to provide legal assistance to the citizens of Cameroon to promote their legal rights. In the future, we will work to increase representation of women in decision making bodies.