How long do you have to be separated in the state of Florida to get a divorce?
Florida Statute 61.021 answers our question succinctly, “To obtain a dissolution of marriage, one of the parties to the marriage must reside 6 months in the state before the filing of the petition.” Read carefully.
Is FL A 50/50 divorce state?
Under Florida divorce law, all marital property is subject to an equitable distribution. Typically, the court will divide marital property 50/50, unless there are reasons why an equal split would be inequitable (unfair).
Who gets the house in a Florida divorce?
The General Property Rule In Florida, property is divided 50-50 if it is considered “marital property” – or property that was acquired by either spouse during the marriage. Non-marital property, which is property either spouse acquired before the marriage, is not divided equally.
Does Florida recognize legal separation?
Legal Separation in Florida. There is no specific law defining legal separation in the Sunshine State, and Florida does not recognize legal separations. Rather, a couple seeking legal recognition of their physical separation without divorcing takes advantage of several different state laws.
What constitutes a legal separation in Florida?
There is no formal right to a legal separation in Florida. Legal separation may be formalized in some states but is absent in the Florida statutes. There are various measures a couple can take to approximate a legal separation. One notable example is a postnup agreement.
Is legal separation a formal status in Florida?
No, Florida is one of a handful of states that doesn’t offer legal separation as a formal legal process. Within the state, spouses can live separate and apart from each other without the need for a court order, which can be beneficial if you wish to avoid divorce for religious, social, or financial reasons.
Is there such a thing as legal separation in FL?
While there is no such thing as legal separation in Florida, a court can consider the date that the parties separated to divide assets or liabilities. In many cases, there is also a factual dispute as to the date of separation as parties may slowly grow apart or do a trial separation prior to deciding to fully divorce.