Pros and Cons of Long Separation Periods Before Divorce in Orlando
While many spouses want to finalize their divorces as quickly as possible, others may be comfortable with longer delays. But what happens if you remain separated for many months – or even years? Are there any advantages to this gradual approach? What are the downsides? These are questions you might want to ask your Orlando divorce lawyer.
Advantages of Remaining Separated Before Getting Divorced
Unlike many other states, Florida does not have a mandatory “separation period” before divorce. Mandatory separation periods force spouses to live apart for a certain amount of time before they can proceed with the actual legal process of a divorce. In some states, this mandatory separation period can be one year or longer.
While you might not be forced to remain separated, many spouses in Florida choose to do so anyway. Some may want to think things through before they end their marriages. There is always a chance of reconciliation, and a “break” could give spouses enough time to cool off and try again. Reconciliation is often a high priority for parents, as divorce can affect children in notable ways.
Separation also gives spouses additional time to save the necessary funds for divorce. Ending a marriage is not free in Florida, and even the cheapest divorce can be difficult for some spouses to manage. This is particularly true in the case of a divorce trial.
Disadvantages of Separation Periods Before Divorce
On the other hand, remaining separated for long periods has its fair share of disadvantages. Perhaps most notably, separation puts the entire family in a state of limbo. Until the final divorce decree, you are still technically married. This means that it is impossible to remarry, and you may face a range of additional issues due to your married status while living as a single person. Children may also feel uncertain about the future, knowing that there is still a slim chance of reconciliation.
Separation can also cause issues regarding property division. Once you start living apart from your ex, all assets you acquire from that date are separate. This includes your income, investments, businesses, rental properties, and so on. That being said, the specific date of your separation may be disputed. Your ex might claim that you moved out in a certain month, while you might argue otherwise. Depending on the value of the separate assets, these disputes could be significant.
You should know that it may not be as expensive as you think to get a divorce in Florida. This is especially true if you pursue an “uncontested divorce” and resolve disputes in private. A trial is not always necessary, and mediation can lead to an affordable, fast divorce.
Can an Orlando Divorce Lawyer Help?
An Orlando divorce lawyer may be able to help if you have been separated from your ex for many months or years. Although delays can be problematic, it is never too late to proceed with a divorce. Doing so may help you move on with the rest of your life and limit potential financial consequences. Reach out today to get started with Steve Marsee, P.A.
Sources:
newsweek.com/divorced-couples-living-together-housing-market-1848489
nytimes.com/2022/04/01/realestate/separated-living-together.html
