Divorce vs. Separation

Preparing for the divorce process can feel like an overwhelming task. There are a lot of things to consider before you turn the page on one chapter in your life to start the next. Commonly people come to us asking what the difference is between “divorce” and “separation” and what that means in the state of Florida. We've outlined the two most common things to consider around this topic as you’re preparing for this process and seeking out a divorce attorney.

If you’re asking yourself what the difference is between divorce and separation, you’ll find a brief overview of each of the terms and how they compare below.

Legal Separation

The state of Florida is one of only six states in the country that does not recognize a legal separation between a couple. It may make the transition easier on a couple to walk through a gradual process of separation as they’re preparing for a divorce in Florida and while its legal in the state, the status is not recognized. While some couples may benefit from separation, either due to religious views or for the purpose of keeping certain benefits available, that status is simply not recognized in Florida. 

Divorce in Florida

When a divorce petition is filed, the court then has jurisdiction to enter orders regarding timesharing, child support, and the division of property. A couple remains legally married until such time that a final judgment of dissolution of marriage is entered. Since Florida does not recognize legal separation of couples, a couple can only be either categorized as married or not married and there is no in-between.

These are very broad brushstrokes on the differences between divorce and separation in Florida. At Greene & Greene, it is our mission to provide superior legal representation, service and value to our clients. Our attorneys are all experienced litigators who handle your case personally. If you are interested in engaging our firm, consultations are scheduled as needed and we are happy to accommodate your business and personal calendars.