Statistics show that almost half of all marriages end in divorce. That is why society has slowly come to accept non-traditional relationships where the dissolution might not have the same impact. Yet some couples decide to opt for legal separation rather than heading for a divorce. The reason might be religious sentiment, family pressure, tax benefits, social security credits, health insurance benefits, or children’s security. Regardless of the reason that leads you to legal separation instead of divorce, it is important that you’re aware of facts and the difference between divorce and legal separation before you sign the document.

Contrary to popular belief, legal separation does exist in Florida. Unlike in many other states, however, a judge cannot declare you “legally separated” in Florida. According to Florida Statues, the legal separation is considered only for matters of alimony and child support. If a couple wants to live apart, but do not want to file for divorce, they can file for a legal separation.

Admittedly, it is rare. In other states, legal separation is considered a form of legally separating a couple, and they are issued a certificate as “legally separated.” In Florida, it is considered only for the purpose of spousal support and child support. In most cases, one party (usually the woman) files for legal separation because she wants to be supported while deciding on the divorce option. The man then counter-files and opts for divorce. It is evident that he doesn’t want to keep footing the bill while his wife decides on when and how to divorce him. This is why legal separation is not common in Florida.

There are some cases when the couple wants to try for reconciliation, yet want some space. In those situations it makes sense to opt for a legal separation. If one person wants to move out, but cannot afford to do so, then filing for legal separation helps them to get support and temporary alimony. Another reason for people in Florida to file for legal separation is that there is no residency requirement for filing for legal separation. Whereas when filing for divorce, one needs to have been a Florida resident for at least six months immediately prior to filing for divorce.  Most people file for legal separation, and then file for divorce once the required residency period is over. Whether you’re opting for divorce or legal separation, try to keep things amicable and fair. If both parties try to be fair, you can get through the divorce process without being mortal enemies. Your friends and family will also appreciate it, as they won’t have to take sides or fight along with you. Just ensure that the process goes smoothly, and engage a mediator so that you can decide all the relevant points between yourselves. If you can avoid acrimony or bitterness, it will be good not only for both parties, but also for any children.

At Kenny Leigh & Associates, we are aware of how hard it can be for a man caught up in a divorce suit in Florida. The family courts typically favor the woman and the mother. To redress the balance, we at Kenny Leigh & Associates fight passionately for the men of Florida. We only take on divorce cases and represent male clients only. We have built up a formidable reputation over the last few years, and you can trust us to help you in this time of immense turmoil. Call us today or walk into one of our offices in Jacksonville, Daytona Beach, Boca Raton, Fleming Island, Ocala, or Gainesville for a consultation.