If you are wondering whether and how to separate from a spouse while living together, there are a few important things to keep in mind. Use our guide below to learn more about the process of seeking a divorce in Florida and the factors to consider in determining whether doing so while still living with your spouse might make sense for your situation.
How to Separate from a Spouse While Living Together: Florida Divorce Process Overview
A common misconception is that you have to physically separate from your spouse before filing for divorce. However, in the State of Florida, this is not a legal requirement.
Under Florida Statutes section 61.052, a divorce only requires proving that the marriage is irretrievably broken. Thus, if the parties have determined that there is no chance of reconciling and saving the marriage, even if the parties are still living together, they may proceed with the divorce.
Most divorce cases, regardless of whether the parties are living together or apart, will require the following steps:
- One spouse (the petitioner) files the petition for dissolution of marriage, which initiates the divorce proceedings;
- The petitioner then serves the petition on the spouse, typically through a sheriff or private process server, to provide the other spouse with formal notice of the pending divorce action;
- The other spouse becomes the respondent and files an answer—responding to the claims set forth in the petition;
- Both parties conduct discovery, which is the process by which the parties can request and exchange information pertinent to the case;
- The parties usually attend mediation, where they collaborate and negotiate in an effort to reach a pre-trial settlement regarding the terms of the divorce;
- If the parties are unable to reach a settlement, they prepare for and proceed to trial where they each can present evidence and arguments to support their claims; and
- The court will enter a final order of dissolution, thereby finalizing the divorce.
If the parties are still living together when one spouse chooses to file for divorce, the process will still proceed in the same manner.
Benefits of Continuing to Live Together While Pursuing a Divorce
Although it is not extremely common, there are situations where two individuals choose to live together while pursuing their divorce. Below are some examples of the potential benefits of doing so.
- Financial considerations. Continuing to live together means continuing to share living expenses. This can help alleviate financial strain on the parties during what can already be a costly and stressful legal process.
- Continued open communication. During the course of a divorce, there are many topics to discuss and decisions to make. By continuing to live together, the parties may be better able to facilitate open communication in a less formal setting.
- Child-care responsibilities. If the parties share children, living together can allow both parents to remain actively involved in any child-care responsibilities with as little disruption to their children’s lives as possible during the divorce process.
- Adjustment and transition time. Going through a divorce is a time of significant change. Continuing to live together can provide the parties and their children with some extra time to adjust and transition as they prepare for a new phase of their lives.
That said, living together during a divorce is not always what is best for the parties or any minor children.
Disadvantages of Living Together While Pursuing a Divorce
Importantly, just because you can continue living with your spouse while your divorce is pending does not necessarily mean that you should. In reality, doing so is not common, as it can frequently lead to a number of complications and challenges, including the following:
- Adding emotional strain and tension due to navigating the end of a relationship while sharing a living space;
- Lacking physical boundaries can make it difficult to establish separate lives and move forward;
- Commingling resources can lead to financial dependency and added difficulty when attempting to divide marital assets during the divorce; and
- Delaying healing and moving on from the end of the relationship.
Ultimately, the decision of whether to keep living together during the pendency of your divorce is a personal one that you must carefully consider.
Not Sure How to Proceed? Speak with a Florida Family Law Attorney Today
If you’re not sure how to move forward, the family law attorneys at Beller Law, PL, are here to help. As experienced attorneys with families of our own, we know just how important these legal matters can be.
Going through a divorce can be challenging, but we want to make things as seamless for you as possible. With over 25 years of trial experience and a record of success in helping our clients meet their goals, you can feel confident knowing that your case will be in great hands with us. Contact our team to discuss your divorce and see how we can help you move forward today.
FAQs
Can I Divorce My Wife If We Still Live Together?
Yes, you can initiate divorce proceedings even if you and your spouse still currently live together. Although it is common for couples to physically separate and live in different locations during the divorce process, this is not a requirement for filing for divorce in Florida.
Can You Be Separated and Still Live Together?
Yes, you and your spouse can still legally live together even after recognizing that it is time for a legal separation and termination of the marriage. In fact, even after the divorce is finalized, the now-divorced parties may choose to remain living together. While this is not common, there is no legal prohibition on living together with a spouse at any point during the divorce proceedings.
Should I Continue Living with My Spouse During Our Divorce Case?
Ultimately, the answer to this question will vary widely from case to case depending on the specific factors at play. Generally speaking, living with a spouse while divorce proceedings are pending is not recommended due to the various logistical and emotional complications that could arise. Nevertheless, some parties may choose to do so if they believe that they can remain cordial and continue living together harmoniously until the divorce is final.