Why Some Tampa Couples Prefer Separation Over Divorce
All marriage eventually faces challenges- it is just part of life. When a couple finds themselves at a crossroads, they may wonder whether to file for a divorce in Tampa or simply try for some time apart. Legal separation is not formally recognized under Florida law, but alternative options are available. Our Tampa family lawyer explains these options and why a couple might prefer separation over filing a divorce petition.
Common Reasons For Wanting A Separation Versus A Tampa Divorce
All couples fight, but ongoing battles, lingering resentments, and serious issues can cause one or both parties to want to end their marriage. Centers for Disease Control and Prevention (CDC) figures show Florida may be ‘the Sunshine State’ but has one of the highest divorce rates in the country.
Some Tampa spouses, though they do not see eye to eye, are not ready to take the final step of filing a divorce petition through the Hillsborough County Family Court. Instead, they may opt to turn to a separation for various personal and practical reasons. These include:
- A separation allows time to take a break and evaluate the marriage and whether they want to attempt reconciliation;
- For married parents, a separation may seem less disruptive for their children;
- There may be financial considerations, such as wanting to stay on each other’s benefits or pensions;
- Their culture, religion, or community may be against divorce, or the couple may face pressure from their families.
Nothing says you cannot live separate and apart from your spouse while remaining married. While there is no formal legal separation under the Florida Statutes, there are steps to protect your rights.
Legal Separation Options In Tampa
Some states offer legal separation to married couples who no longer live together but also do not want a divorce, but Florida is not one of them. However, there are other ways to protect your rights in this situation:
- Request a temporary order: A temporary order can address divorce-related issues under the Florida Statutes pertaining to marital property, alimony payments, and child custody and support without getting a final divorce order.
- Put a postnuptial agreement in place, which can dictate the terms of your separation while also protecting your rights to property and assets in a divorce;
- Enter into a separation agreement, which is not as legally binding as divorce but provides proof you are living apart, such as for tax purposes;
- Customize estate planning documents to reflect your current situation, detail each spouse’s rights, and dictate how any emergency situations are handled.
To Discuss Your Options, Contact Our Tampa Family Lawyer
Florida does not offer a legal separation, but there are documents you can put in place to protect your rights if you decide to live separate and apart from your spouse but do not want a divorce.
This is a highly sensitive matter and you can trust Bubley & Bubley, P.A. to provide the caring, comprehensive legal guidance you need. To discuss your options, call or contact our office. Schedule a consultation today with our experienced Tampa family lawyer.
Sources:
cdc.gov/nchs/fastats/marriage-divorce.htm
hillsclerk.com/court-services/family-law
leg.state.fl.us/Statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
