We often get calls from Potential clients who retain us, and then call back and decide they are going to try to work on the marriage, instead of filing divorce. While we support making a well-thought out decision, when it comes to ending a marriage, its important to understand the legal implications of waiting to file a dissolution of marriage.
In Florida, there is no actual legal separation. If a couple wishes to separate and live separate, they can do that, but the Courts will not recognize this as a legal separation for the purposes of a dissolution of marriage.
When a couple knows that the marriage may be over or on its way to being over and want to live apart they may want to enter into a post-nuptial agreement which will in fact assist in the event of an inevitable dissolution.
In light of the fact that there is no legal separation and the divorce process can take some time absent an agreement the Judge will determine what is just and equitable under the circumstances and that may end up being the date of the filling of the petition for dissolution. What that means is that the date you file the action will become the operative date to determine and classify assets, liabilities and determining the length of the marriage.
Often assets acquired after the date of the filing for divorce and put in the name of only one party is the sole property of that spouse unless the asset was acquired or funded with marital funds.
Therefore, although you may be considering divorce but wanting to work on the marriage it may be legally advantageous for you to file the Petition for divorce and hold off on effectuating service (which means serving your spouse with the Petition) and later dismissing the action if you decide not to proceed. Making this kind of decision can be crucial to your case and you will want to consult with a divorce attorney about your options, even if you plan to attend marriage counseling and to work on your relationship.
If you have any questions on when to file for divorce, contact Juliana Gaita, P.A. www.BocaFamilyLaywers.com; 561-869-3703
Juliana Gaita, P.A. is a law firm based in Boca Raton focused in the areas of Adoption, family law and real estate law.