Tampa Legal Separation
For married couples intending to end their relationship, it is helpful to understand the differences between divorce (the legal dissolution of a marriage) and separation. While the state of Florida does not formally recognize the act of legal separation, spouses who wish to separate can enter into a legally enforceable separation agreement. A couple may also choose an informal separation without the involvement of the court system, or they may choose to dissolve the marriage completely using one of several divorce methods.
The main difference between divorce and a legal separation is that separated couples still remain legally married. As such, they continue to benefit from certain tax advantages and maintain joint insurance coverage. However, they are unable to enter into a new marriage should they so desire.
Another difference is that spouses who wish to separate do not have to fulfill residency requirements, while in a divorce one spouse must be a resident of Florida for 180 days before filing a petition for dissolution of marriage.
Although there is no formal separation status in Florida, couples wishing to formalize their separation have the option of filing legally enforceable documents that outline alimony, child custody, support, and visitation arrangements. In this way it is similar to divorce. If couples ultimately choose to dissolve their marriage they have the option of incorporating the separation agreement into the divorce documents. An experienced Tampa legal separation attorney can help you draft and file separation and, should you so desire at a later point in time, divorce agreements.
A complicated decision
Choosing whether separation or divorce is the best option for you and your spouse is a complicated matter. There are benefits and drawbacks to both and numerous factors undoubtedly influence your ultimate decision. If a couple is unsure about divorce, separation offers a chance to be apart and assess if there is any possibility of reconciliation. Others may choose separation over divorce for religious or moral reasons as well as for financial considerations, such as the continuation of health insurance.
Deciding to end a marriage is a life-changing event with long-term consequences. Divorce and separation not only impacts the spouses—it has lasting effects on children and loved ones. It is important to speak to a qualified family law attorney to understand your options before making any decisions.
Contact us
The Davis Law Group, P.A. offers family law help to clients throughout Tampa and across Hillsborough, Pinellas, and Pasco counties. If you need further clarification surrounding the areas of separation and divorce The Davis Law Group, P.A. is here for you.
Make an appointment to visit our office or call 813-251-6200 for family law and separation help in Tampa. Contact us today.
