You and your spouse have been having more fights lately, and you’ve decided that a trial separation may be a good idea. This trial separation could be the date you use to show the court when you separated if you later decide to divorce, so it is important that you remember the date that you or your spouse move out of your home.
If you want to have an official separation noted by the court, you need to seek out a legal separation. This separation is approved by the court and documents the day you separated. A legal separation is not the same as a divorce, but the courts do recognize that a separation may lead to one. You should speak with your attorney about a legal separation if you want to be offered some protections through the court.
Should you separate or just go through a divorce directly?
Overall, a legal separation can be a good thing. It gives you time to separate your assets, get your personal finances and budget in order and prepare for a possible divorce. You can reach out to your attorney to have the separation documents drawn up, too.
In most states, there is a period of time where you have to separate before you can divorce. A legal separation is a good way to do this and to work through issues such as child or spousal support, property division and other factors that play a role in your case. Our site has more on legal separation in Florida and what it can do for you.