When you are going through a divorce in Florida, Robert Sparks Attorneys are here for you during one of the most difficult aspects of your life. We will help you resolve your divorce matters as you endure the Florida legal system, providing you with resources that you need along the way. Please do not hesitate to contact us today for a fully confidential and free legal consultation.
States with Separation Requirements
In our modern times, many states do not require spouses to separate before they move forward with the divorce process. However, there are some states in the U.S. that require a couple to separate for a length of time before they pursue a divorce. Florida is not one of these states.
The states with separation requirements include the following:
- Arkansas: You must live apart for 18 months before you are granted a no-fault divorce.
- District of Columbia: The separation must last at least one year unless both spouses agree to the divorce. If they do, you must live apart for six months before filing.
- Kentucky: You must live apart from your spouse for at least 60 days if you want the judge to grant your divorce.
- Louisiana: If spouses do not have children, they must be separated for six months before divorce. If there are children, the separation period is one year.
- North Carolina: Spouses must live apart for a year before divorcing.
- Pennsylvania: If you file for a divorce based on irreconcilable differences, you must live apart for a year before your divorce.
- South Carolina: You must live apart from your spouse for one year if you choose to file a no-fault divorce.
- Vermont: You and your spouse must live apart for six months before the final divorce hearing takes place.
- Virginia: If you have children, you must live separately from your spouse for a year before divorce. If you do not have children and you sign a separation agreement, it is six months.
Because the courts see separation as a way to “cool off” before making a permanent decision, separation requirements have been adopted. A percentage of spouses decide to reconcile instead of divorcing, which is why states see this period as beneficial.
Different Types of Separation
Separation generally means living away from your spouse for a certain period of time. There are several types of separation, which include the following:
- Trial separation, which may be short-term as couples decide if they want to move forward with divorce
- Permanent separation when there is little to no chance of a couple reconciling with one another
- Legal separation, which involves a petition with the court and includes some issues that are seen in the divorce process
Does Florida Recognize Separation?
Florida does not technically recognize legal separation as other states do. Even though there are no statutes regarding legal separation in Florida, there are laws that can help couples protect themselves if they decide that they want to separate from one another instead of divorce.
Divorce sometimes is not right for everybody, especially depending on what is happening in an individual’s life at the time. There are some precautions that you can take in Florida if you and your spouse decide to separate, especially concerning issues like child custody, asset division, and more. You and your spouse still have the right to discuss these matters on a legally-binding level, which is why it is important to speak with an attorney as soon as possible if you believe the marriage is not working out.
Contact a Tampa Divorce Lawyer Today
Robert Sparks Attorneys takes your divorce seriously and will compassionately assist you and your family during this challenging time. We believe that these cases should be handled with diligence and care so that you get serious results. No case is too complex and we will answer all questions that you have during the process. Please contact us today to schedule a legal consultation so that you can get started on this process with ease.
