As divorce attorneys, when we meet with new clients, we almost invariably get questions about separation. Some spouses are anxious to separate and want to make sure that they are not jeopardizing their rights in the divorce. Others have had their spouses move out suddenly and want to know what it means for them and their children. Others still just want to understand their options, and what it would mean to choose one option over another.
These are all very important questions because in Florida, the date of separation can have significant implications for a variety of issues related to the dissolution of a couple’s marriage. In this article, we take a look at some of the key ways in which the date of separation matters to your divorce.
Florida Does Not Have a Separation Requirement
First, though, let’s look at one way in which the date of separation does not matter: In Florida, you do not have to be separated in order to file for divorce. Some states require a period of legal separation before spouses can file for divorce, but Florida is not one of them. If you and your spouse decide that it is time for your marriage to come to an end, you can file for divorce while you both remain in your family residence.
How the Date of Separation Matters to Your Divorce
Still, there are a number of ways in which the date of separation is significant to your divorce. As a result, if you are considering separating before you file, we would encourage you to speak with a divorce lawyer before making any decisions about your situation.
Some of the ways that your separation date can matter to your divorce include:
- Determining the Length and “End” of the Marriage – Generally, the day your file your divorce is the “end” of your marriage for the determination of the separation or assets and/or debts. There are certain exceptions to that which you must discuss with your attorney.
- Separate Versus Marital Property – Generally speaking, any property acquired during the marriage is subject to equitable distribution upon divorce. If you inherited property or money and you have kept it completely separate from your marital assets then it is in most cases your separate non marital property. You must advise your attorney what assets you inherited and whether you co-mingled them or kept them separate so your attorney can advise you.
Speak with a Florida Divorce Lawyer at Beller & Bustamante, P.L.
At Beller & Bustamante, P.L., we help spouses in Duval, Clay, St. Johns, Flagler, and Putnam counties weigh their options and protect their interests when filing for divorce. To schedule a consultation, or to learn more about our flat-fee divorce options, please Beller & Bustamante, P.L., we help spouses in Duval, Clay, St. Johns, Flagler, and Putnam counties weigh their options and protect their interests when filing for divorce. To schedule a consultation, or to learn more about our flat-fee divorce options, please contact us today.