Should you file for separation before divorce?

While some states require a legal separation period before divorce is filed, Florida does not require spouses to file for separation first. It’s important to chat with a certified divorce attorney for men who understands your situation so you can be well-versed on Florida legalities prior to any legal filings.

There are several reasons why you might want to move forward with a separation before actually filing for divorce. Sometimes separation can ease the disruption for children, or maybe you and your spouse need time apart to determine if you’re truly ready for the marriage to end. A divorce attorney for men can assist you in navigating the middle ground between separation and divorce, and fill you in on the pros and cons of both.

Since there is no court-recognized separation in Florida, there are steps you can take to mimic a legal separation. For example, a postnup agreement can offer legally binding terms that are similar to a separation filing. The main difference between filing for divorce and separation is that in a legal separation, the parties remain married, while a divorce the couples are no longer legally married.

It’s important to note that if you file for separation, there are differences in child support regulations. The state has clear provisions on child support, since many children are born out of wedlock or have parents that separate following a birth. Child support is an easy issue to solve in adversarial separation, and many people are able to come to an agreement during such negotiations. Alimony is a separate issue, and often less clear. It is less common for courts to award alimony during a legal separation.

If you are thinking of filing for separation, contact the law offices of In Law We Trust for a consultation from a divorce attorney for men who can answer your questions and offer guidance.