Legal Separation v. Divorce

A question that I often hear from potential clients is what is the difference between a legal separation and divorce. In Florida there is no such thing as a “legal separation,” there is only divorce. The proper name for a divorce in Florida is a “dissolution of marriage.” This means that a married couple can separate from each other physically and think they are divorced without actually being legally divorced in Florida.

In Florida, there is a concept call “separate maintenance” which may allow a wife or a husband to separate physically from one another, maintain another residence and ask the Court to order their spouse to pay support or alimony without a divorce and without dividing marital property and debts incurred during the marriage.

A Florida divorce can be achieved in two ways. It can be achieved through either mutual consent of the parties, i.e. a consent divorce or if the parties do not consent to the divorce or distribution of marital property, through a contested divorce. In a contested divorce the parties ask the Court to decide all of the issues between the parties and enter a judgment of dissolution of marriage without the need for the consent or signature of the parties.

If you are facing a Yulee Divorce proceeding, contact a Yulee Divorce Lawyer today. A Yulee Divorce Lawyer knows the issues that can present themselves during a divorce proceeding and can work with you to achieve the most beneficial result for you.