Our Miami Lawyer For Divorce Explains Your Options After Separation

If you are considering ending your marriage, get the facts from our Miami lawyer for divorce before you file any paperwork.

The old adage that half of marriages end in divorce is not true. At least it is not true today, when experts say that roughly 39% of marriages will end in divorce. Studies show that divorce is on the decline which may be due to several factors. 

Couples are waiting later to get married after building up a stronger financial foundation. Many couples stay together without getting married, so if they do split up, it would not technically be a divorce. In any case, typically before a divorce, there is a separation. To explain your options if you are considering separation, our Miami lawyer for divorce has the answers.

Separation vs. Legal Separation

It is common for a married couple to separate when they begin discussions of divorce. However, there is a difference between simply moving out and being legally separated. The main difference is that a legal separation is court-approved and your legal rights and responsibilities are defined by the court.

Separation In Florida

Most states recognize legal separation, Florida however, does not. You may live apart but you cannot petition the court for a legal separation. You and your spouse are considered married until the Florida courts issue a dissolution of marriage.

Temporary Relief

While Florida does not recognize legal separation, the court can offer temporary relief that resolves issues involving child support, custody, and living arrangements. This order only applies while the divorce is in process.

Problems With Separation

In general, the longer a married couple remains separated before filing for divorce, the more difficult the divorce proceedings can become. These are a few of the issues our Miami lawyer for divorce has seen in cases involving a lengthy separation.

  • Pregnancy – If one party becomes pregnant while separated, the husband is still considered the legal father of that child. A paternity action would need to be filed to prove the paternity of the child.
  • Physical distance – If one spouse moves to another state during the separation, it can make divorce proceedings more difficult because of the physical distance between both parties.
  • Assets and debts – Assets and debts obtained during a separation may still be considered shared marital assets and would be subject to property division at the time of the divorce.

Child Support And Spousal Support During Separation

It is possible to petition the court for child support or spousal support during separation in Florida if one party is in financial need. However, this decision is solely at the discretion of the court and is dependent on the needs of one party and the other party’s ability to pay.

Benefits Of Separation

Although there is no legal separation in Florida, there are some benefits to separating while preparing for divorce.Miami lawyer for divorce

  • Domestic issues – If there is domestic violence, emotional abuse, or the safety of your children is in question, physically separating is sometimes your best option. In this case, you can ask the court to have the abusive spouse leave the home.
  • Well-being of the children – In situations where spouses are arguing frequently, it may be best to separate so that the children are not caught in the middle and being subjected to the tension of their parents.

Our Miami Lawyer For Divorce Can Guide You Through Your Options

If you are unsure whether separation would help or hurt your divorce case, we can offer guidance. Contact us for a free case evaluation and we will talk through your options. We want what is best for you and your family and we look forward to helping you through this process.

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