Legal Separation Vs. Divorce In Florida: What’s Right For You?

What Are The Differences Between Legal Separation And Divorce In Florida?

In Florida, there is no concept of legal separation. You are either married or divorced. Unlike other states, Florida law doesn’t require a period of legal separation before filing for divorce. 

If a couple wishes to end their marriage, they file a petition for dissolution of marriage, citing that the marriage is irretrievably broken. 

Furthermore, Florida is a no-fault state, meaning there’s no need to prove fault like adultery or abuse. The marriage remains intact until a final judgment of dissolution is granted by the court.

How Does Separation Before Divorce Affect Child Custody, If At All?

During the separation period before a divorce is finalized, child custody arrangements can indeed be impacted. 

While parents may physically separate—whether by one parent moving out or both finding new living arrangements—the court expects both parents to continue maintaining regular time-sharing with their children. In Broward County, as in the rest of Florida, the primary focus remains on the child’s well-being and ensuring a stable, supportive environment during this challenging time.

It’s also important to remember that children should never be used as leverage in divorce negotiations. Regardless of the emotional or logistical difficulties separation may cause, both parents should remain actively involved in their child’s life. This can include weekend visits, overnight stays, or participating in the child’s extracurricular and religious activities. Maintaining a sense of routine and consistency helps minimize the emotional impact on the children, even as the divorce process moves forward.

Ultimately, courts will evaluate the situation to determine the best interests of the child. However, keeping both parents engaged and ensuring ongoing meaningful involvement is a critical factor in the court’s decision-making process regarding time-sharing and custody arrangements.

Can You Get Spousal Support During The Period Between Separation And The Actual Divorce?

Temporary spousal support, or alimony, can be awarded from the moment a divorce petition is filed until the final judgment in a Florida divorce. This temporary support often includes child support when necessary, ensuring that the financial needs of both spouses and children are met during the divorce process. 

The purpose is to maintain financial stability, particularly when one spouse earns significantly more than the other, helping avoid undue hardship as the legal proceedings unfold. Florida law does not support using financial disparities as leverage to force a settlement.

In rare cases, Florida law also allows individuals to request financial support outside the context of a divorce. However, such petitions are uncommon and seldom granted. When they are filed, it often prompts a counter-petition for divorce, at which point the case typically shifts to a dissolution of marriage proceeding.

Laura Arcaro, founder of Arcaro Law Group, P.A., is a Florida family law attorney with over 15 years of experience helping families navigate complex situations like divorce and separation. With a deep understanding of Florida’s unique legal landscape, Laura has successfully guided countless clients through asset division, child custody issues, and temporary support arrangements. Her compassionate approach stems from both her legal acumen and personal experience, making her a trusted advocate during emotionally challenging times.

If you're considering divorce or separation, contact Laura today to explore your options and learn what route may be best for you to take.

How Do Florida Courts Handle Debt And Asset Division?

In Florida, during the period between separation and final divorce, courts often issue a status quo domestic relations order to ensure that both parties continue to meet their financial obligations as they did during the marriage. 

This order typically goes into effect once the petition for dissolution of marriage is filed and aims to maintain financial stability throughout the divorce process. It directs both parties to keep paying marital debts and prohibits drastic financial actions, such as draining joint bank accounts or canceling insurance policies.

The purpose of this order is to prevent significant financial changes that could disrupt either spouse’s life. However, separation can still create financial strain, particularly if one spouse moves out, leading to increased expenses. 

Both parties are expected to maintain the status quo as much as possible, and failure to comply with the order—without a valid reason—can result in legal consequences, such as being held in contempt of court.

If one spouse shoulders the bulk of financial responsibilities during the separation period, they may be entitled to a credit or reimbursement during the final division of assets and debts. When the divorce is finalized, the court ensures a fair division of marital property and obligations, taking into account any financial imbalances that arose during the separation.

How We Continue To Serve Clients Like You

Handling emotionally charged family law cases requires a careful balance of empathy, perspective, and professionalism. As someone who has experienced the uncertainty and fear that family law disputes often bring, I understand the emotional strain that clients face when they come to me. This personal insight enables me to approach each case with the compassion that is so often needed. I recognize that my role goes beyond just providing legal advice—I am often a counselor of sorts, guiding clients through not only the legal challenges but also the emotional complexities of their situation.

My goal is to help clients find practical solutions that preserve their co-parenting relationship rather than resorting to aggressive legal tactics that could have long-term, negative consequences—especially for their children. I encourage cooperation and understanding, aiming to create a legal and emotional resolution that benefits everyone involved. By doing so, I help preserve a positive dynamic between clients and their former spouses, even after the divorce is finalized.

With 15 years of experience in Florida family law, I’ve worked with a wide variety of family dynamics, each presenting unique challenges. I understand that every family has its own set of complexities, whether they stem from individual personalities or cultural and religious influences. This allows me to offer personalized support tailored to the specific needs of each family, ensuring that my legal strategy aligns with their unique circumstances.

Many clients come to me under intense emotional pressure, not just from the legal proceedings but from external factors such as expectations from family or friends. I work hard to refocus their attention on their specific situation, reminding them that their case is unique and that comparing their situation to others’ can be unhelpful. By tailoring our legal strategy to their individual needs, we avoid the pitfalls of adopting a one-size-fits-all approach, which rarely delivers the best outcome.

In addition to providing legal guidance, I also encourage clients to seek emotional support, such as therapy or counseling, during the breakdown of their relationship—whether or not divorce papers have been filed. Divorce is an emotionally intense experience, often comparable to grieving a loss. Even in the most amicable separations, it’s a significant emotional upheaval, and managing those feelings is essential.

I strongly recommend that both you and your children seek counseling to navigate the emotional aspects of a divorce. For children, especially in high-conflict situations, having a neutral third party to talk to can be incredibly beneficial. Even in peaceful divorces, children may struggle with feelings of confusion or loss. A counselor can help them process their emotions in a healthy way, which can prevent behavioral issues or long-term emotional distress.

Adults, too, benefit from having a therapist or counselor to help manage their emotional health outside of the legal process. By seeking professional emotional support, you’ll be able to handle your feelings more effectively, reducing the need to rely on your attorney for emotional guidance. This not only helps lower legal fees but also ensures that you have the right support to navigate the emotional challenges of divorce.

Still Have Questions? Ready To Get Started?

For more information on Divorce In Ft. Lauderdale, Florida, an initial consultation is your next best step. Get the information and legal answers you are seeking by calling (954) 546-7280 today.