Can I File For Legal Separation, or a Trial Divorce in Florida? 

Divorce is a big decision.  Before making that decision, it is best to gather as much information as you can to help you make the best decision available for you and for your family.

One consideration is, should I go forward with divorce or first attempt a trial separation in Florida. 

Below is a list of questions and answers to help you with this decision.

1. Can I File for Legal Separation, or a Trial Divorce in Florida?

Answer: 

No, Florida law does not provide a process for you to formally file for a legal separation with the Court.  

However, you can certainly work with your spouse on a “trial separation plan”.  This may help both you and your spouse to determine specific goals and boundaries that you would like to set during the trial separation.   In the event that you and your spouse decide to pursue a “trial separation plan”, it is a good idea to consider important temporary financial issues, timelines, obligations and support that must be met during the separation, and parenting issues (if applicable), before you make the final decision.  If you want additional help with this step, I recommend scheduling a consultation with a Collaboratively Trained Family Law attorney.

2. What Is a Postnuptial Agreement?  Do I Need One?

Answer:  

A postnuptial agreement is a legal contract that allows you and your spouse, after you are already married, to make a plan for how you want to separate your finances in the event you were to divorce down the road.  You may also agree to whether or not any support or alimony will be provided.  If alimony is part of your agreement, I suggest that you set the duration and amount in your agreement.  This is very similar to what many of us think of as a prenuptial agreement.  The biggest difference is timing, a Postnuptial Agreement is entered into after your marriage, while a Prenuptial Agreement is entered into before your marriage.  Please note there are legal requirements in the State of Florida that must be met to enter into a legally binding prenuptial or postnuptial agreement.  The Uniform Premarital Agreement Act, Florida Statute 61.079 provides important guidelines and requirements to be considered by an experienced Marital and Family Law Attorney.       

I hope that this information helps you or someone that you know to resolve their marital and family law matters outside of court, with peace and respect.  

Mindful Divorce, P.A.

If you, or a friend of yours, has questions about collaborative divorce in Palm Beach County, we are here to help.

Helpful  Resources:

Mindful Divorce Services – Fixed Fees

Florida Academy of Collaborative Professionals

Florida Family Law Forms