One of the most common questions people ask when considering divorce in Florida is whether they must live apart before filing. The confusion is understandable, especially since many other states have separation requirements. However, Florida operates differently under Florida divorce law.
The short answer is no — you do not have to be separated before divorce in Florida. Still, the divorce process, specific circumstances, and family dynamics can make separation relevant in certain cases.
Florida Is a No Fault Divorce State
Florida is a no fault divorce state, meaning neither party must prove wrongdoing such as adultery or abandonment. Instead, the only requirement is that the marriage is irretrievably broken and that at least one spouse has resided in FL for at least 6 months prior to the filing of the divorce.
This is a key distinction from a fault divorce state, where misconduct must be proven. In Florida, irreconcilable differences are enough to move forward.
Does Florida Recognize Legal Separation?
Florida does not recognize legal separation as a formal marital status. You cannot become legally separate through a court order the way you can in other jurisdictions.
Because Florida does not recognize legal separation, there is:
- No official separation period required
- No filing for “legal separation” as a standalone case
- No change to marital status until dissolution is granted
That said, couples often live apart before filing, which may still affect the divorce case.
Separation Period vs Divorce in Florida
There is no separation period or waiting period required before filing for divorce in Florida. A divorce petition can be filed even if:
- The parties still live together
- Only one party wants the divorce
- The other party disagrees
Florida only requires that at least one spouse meet the residency requirements (six months in Florida before filing).
How Separation Can Affect Divorce Proceedings
While separation is not required, it can still influence parts of the divorce proceedings, especially when minor children, finances, or property are involved.
Separation may impact:
- Child custody and child support
- Temporary spousal support or alimony
- Use and possession of the marital home
- Property division and asset division
- Responsibility for debts and expenses
In some cases, separation helps the court determine fair interim arrangements while the case moves forward.
What Happens After Filing?
Once filing occurs, the court process typically includes:
- Documents filed with the Florida courts
- Financial disclosures and other documents
- A case management conference
- Negotiation or mediation toward an agreement
- A final hearing, if issues remain unresolved
If the parties reach a full marital settlement agreement, the process may conclude faster and with less conflict.
Uncontested Divorce vs Contested Divorce
If both spouses agree on key issues such as:
- Child custody
- Child support
- Alimony
- Property and assets
The case may qualify as an uncontested divorce, which is often more efficient and cost-effective.
If disputes remain, the case proceeds as a contested divorce, where a judge resolves outstanding matters.
Important Clarifications Under Florida Law
- Florida does not have common law marriage
- Marriage length, finances, and parenting needs affect outcomes
- A divorce can proceed even if the other party refuses to cooperate
- Separation alone does not change marital rights or obligations
When Separation Does Matter
Separation may be relevant when:
- One spouse leaves the marital residence years prior
- Financial support changes after separation
- Parenting schedules shift before filing
- There are disputes involving children or property
In these situations, guidance from an experienced family law attorney or experienced family lawyer can help protect your interests.
Final Thoughts
You do not need to separate before divorce in Florida, and Florida law does not require a waiting period or legal separation. The focus is on whether the marriage is irretrievably broken — not on who left the home or when.
Every relationship and divorce process is different. Working with a knowledgeable family law attorney or divorce attorney can help ensure the process is handled correctly from start to finish.
If you’re ready to get a divorce or want to understand how separation may affect your situation, speaking with an experienced family law attorney early can make the entire process more manageable. Contact Kwg Family Law Firm to help you with the Divorce Process
