There is no such thing as a “legal separation” in Florida. However, this does not mean that altering your marriage is not a legal process. In fact, there are certain steps that must be taken in order to establish a formal separation in the eyes of the law.
If you and your spouse decide to separate, the first step is to file a petition for dissolution of marriage with the clerk of court in your county. This document officially starts the divorce process and establishes the date of separation. Once the petition is filed, you and your spouse will be served with copies and will have 20 days to respond.
If you do not want to divorce but want to live apart, you can file for a divorce on the grounds of irreconcilable differences. This means that you and your spouse have differences that cannot be resolved and that have led to the end of your marriage. In order to file for this type of divorce, you will need to show the court that you have attempted couples counseling or mediation and that it did not work.
If you have minor children, the court will also need to approve a parenting plan. This document will outline how custody and visitation will be handled. Once the judge signs off on the parenting plan, it will become a legally binding agreement.
Once all of these steps have been taken, you and your spouse will be legally separated. This does not mean that you are divorced, but it does mean that you are no longer married in the eyes of the law. You will still be responsible for any joint debts that you have and you will need to file taxes as single individuals.
If you decide later that you want to divorce, you can do so by filing for a divorce on the grounds of irreconcilable differences. This means that you do not need to go through the process of establishing a legal separation first.
If you have any questions about what is considered a legal separation in Florida, you should speak with an experienced divorce attorney. They can help you understand the process and make sure that you take all of the necessary steps.
