Does Florida Require a Separation Period Prior to Divorce?

Does Florida Require a Separation Period Prior to Divorce?

No. Florida courts do not care how long spouses have been separated. Couples can file for divorce any time they decide to as long as one of the partners has lived in Florida for at least 6 months.

It’s also important to know that Florida doesn’t recognize any legal separation period like some other states do. Separation remains a more informal process in Florida. Couples cannot enter into a separation agreement that’s recognized by the state. But there are other options for couples who want to sort out important issues before they file for divorce.

As couples consider divorce or separation, they’ll want strong legal representation. Robert Sparks Divorce Attorneys stands beside clients to make sure they navigate divorce and the months leading up to divorce to reach the best possible outcome. Contact Robert Sparks Attorneys to schedule a consultation when you have questions about divorce or when you are considering signing any agreement before divorce.

Navigating a Separation in Florida

Florida doesn’t make couples go through a waiting period before filing for divorce. There is no separation period required. Married partners can file for divorce at any time as long as one of the partners has been living in Florida for 6 or more months.

In some states, couples can declare a legal separation, allowing them to work out certain financial and family details ahead of a divorce. Among other things, a separation agreement usually seeks to clear up how assets will be divided and who will have custody of any children involved. These decisions can be crucial to determining where spouses will live during a separation and how they and their children will be supported.

Florida doesn’t recognize official separations or separation agreements, but they do have a legal option that closely resembles a separation agreement.

Postnuptial Agreements for Florida Couples

Instead of a settlement agreement, Florida couples may work out a postnuptial agreement at any time during their marriage.

The “prenuptial agreement” that most people have heard of is signed before a marriage. However, a postnuptial agreement is prepared and signed during the marriage, usually when divorce seems inevitable. It’s a legal precaution that couples use to settle issues ahead of time before they file for divorce.

Florida courts recognize postnuptial agreements, but they can make changes to these arrangements. For instance, a judge can require changes to child custody and visitation stipulations if it’s in the best interest of the child.

When Should I Talk to a Tampa Divorce Lawyer?

A skilled divorce lawyer can be a powerful safeguard for your interests before and during any divorce. You should speak with an attorney before signing any documents or making any major decisions about your future or your children’s future.

When entering a postnuptial agreement or filing for divorce, the goal is for spouses to eventually be able to leave a marriage with everything they need to rebuild their lives.

Unfortunately, not every postnuptial agreement or divorce settlement agreement is fair to both sides. Intentional or not, some partners get less than they deserve. The protection of an experienced divorce attorney can be invaluable throughout this process.

At Robert Sparks Attorneys, we are protective of our clients. We get aggressive to secure what’s fair for every member of your family. We stand beside our clients through the most emotional and difficult divorce and separation battles to make sure they emerge with the financial support they need to make a new start.

If you are considering a separation in the Tampa area, please give our Tampa divorce lawyers a chance to safeguard your interests. Contact us for a consultation on your divorce and find out what you should be demanding during your divorce proceedings for the protection of your entire family.