Can I Legally Separate From My Spouse in Florida?

Life is ever-changing, and so are people. When it comes to married couples, the same principal applies. It is common for married spouses to doubt or reevaluate their relationship at some point in a relationship, regardless of how long they have been together. But during times of reconsideration, not all couples are ready or willing to jump straight into a permanent decision like divorce. Instead, many married spouses opt for separation as a more progressive, yet less permanent, alternative to divorce.

If you are considering parting ways from your spouse, it is important to first understand the basics behind separation agreements and legal separation in order to determine whether or not it’s right for you. Continue reading to learn what you need to know about legal separation in Florida, and where to find trusted legal advice for marital and divorce matters.

Divorce Attorney Orlando, Florida
Divorce Attorney Orlando, Florida 407-236-4852

Legal Separation

Legal separation is an alternative to divorce that results in a married couple living separately from one another while still remaining married under law. This scenario involves creating a legally-binding arrangement or agreement between each spouse that is unique to their relationship. The details and scope of such legal arrangements vary from couple to couple, but all legal separations prohibit either spouse from remarrying or entering into a domestic partnership unless they terminate the marriage legally via divorce or annulment. Other standards commonly set forth in separation agreements might include legal recourses for property division, dating, child custody, spousal support, and similar relationship basics.

The State of Florida

Legal separation is a helpful alternative to divorce because it allows couples more time to determine if divorce it right for them, or if they want to work it out instead. On the other hand, not all states recognize legal documentation or marital separation; and Florida happens to be one of those states. This means that if you and your spouse choose to separate, Florida law will not support any legally-binding arrangement made between the two of you if you decide to divorce down the line. Any type of separation agreement between spouses will not be taken into account when it comes time for the court to rule on child support, alimony, property division, and custody. Other states that do not acknowledge legal documentation of separation include Pennsylvania, Mississippi, Georgia, and Delaware.

Alternatives to Legal Separation

If you are married and reconsidering your relationship, but are not ready to file for divorce, you may still have other legal recourses. Talk to a licensed Florida divorce attorney who can provide trusted advice and guidance on all your family legal matters related to marriage and separation. They have the knowledge and experience to represent the best interests of both you and your family, regardless of your definitive decision.

A Florida Divorce Lawyer You Can Trust

Contact the Law Office of Shane T. Herbert at 407-236-4852 to get trusted legal advice from a licensed divorce attorney in Orlando, Florida. You can choose to have your first appointment over the phone or even video conference, if needed. If you choose an in-office visit, our family law office is conveniently located in the Metro West area, within the Offices of Veranda Park, which offers free parking. We look forward to helping you resolve your family legal matters.

Orlando Family Lawyer 407-236-4852
Shane T. Herbert Law 407-236-4852
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