When couples are considering the difficult decision to part ways, one of the questions they often consider is whether to pursue legal separation or divorce. Understanding the differences between legal separation and divorce, and consulting with a knowledgeable family law attorney can help you make an informed decision based on your unique circumstances.
In Florida, divorce laws govern the dissolution of marriage, while legal separation is not recognized under state law. Some other states require a certain separation period that couples must complete prior to filing for divorce. However, there is no such separation period required in Florida. In fact, there are many instances where couples continue to reside in the same home while the divorce case is pending in the court system. Below, we’ll explore the concepts of both legal separation and divorce, and how an experienced divorce attorney or legal separation lawyer can assist you in navigating these processes.
Legal Separation
Although Florida Courts do not formally recognize a legal separation, there are other mechanisms under Florida law that may provide a similar result. These options below may allow the parties to maintain marital status while still resolving other potential issues.
1. Postnuptial Agreement – A Postnuptial Agreement or “Postnup” is an agreement between two spouses during their marriage to each other. The postnup must be in writing and signed by both parties. There also must be a full financial disclosure between the parties. The postnup can give a detailed description of how assets and debts will be divided or how much alimony will be paid by one party in the event the parties divorce. The parties must follow formal rules in order for the agreement to be binding, so it is wise to retain a lawyer to assist in the drafting of the prenuptial agreement.
2. Child Support While Separated – Florida law provides a path for the court to determine child support for spouses that are living separately. A court can enter an order of child support to provide for any children between spouses in situations when the spouses are living separately.
3. Petition for Alimony without Divorce – In some rare instances, a spouse can file a petition with the court to seek alimony without seeking a divorce. This is uncommon but the laws in Florida do allow for spouses that want a legal separation but cannot agree on alimony to file a petition for the court to resolve the issue.
A legal separation is not final, so the parties maintain their marital status during separation. The parties can keep each other on insurance and other benefits while separated. Additionally, spouses can still file their taxes as married. Custody issues generally cannot be finalized while the parties are separated and can only become finalized once the divorce process is completed.
Divorce
Divorce is the legal process that formally dissolves a marriage, with all associated rights and obligations being settled. Under divorce laws in Florida, the court will address key issues such as property division, alimony, child custody, and child support. Divorce provides a clean break and finality, ending the marriage and the legal rights and responsibilities tied to it.
Consult a Divorce Attorney or Legal Separation Lawyer
Deciding whether to pursue legal separation or divorce is a personal decision that depends on your specific situation. If you’re unsure about the best course of action, speaking with an experienced family law attorney can help you better understand the options available to you under Florida law.
Whether you’re considering a legal separation or a divorce, a divorce attorney or legal separation lawyer can guide you through the legal complexities, explain your rights, and help you achieve a fair outcome. They can also assist with negotiating settlements or representing you in court if litigation becomes necessary. If you’re facing a family law issue and need expert guidance, contact Woolsey Morcom today. Our team of dedicated attorneys is here to help you navigate the complexities of divorce laws in Florida and make the best decisions for your future.
