Do I need to get a divorce, if I only want my share of my property through marital settlement agreement?

Asked almost 2 years ago - Sanford, FL

I am married for 30 yrs and now separated. I am interested in my share of property and assets.
Do I need to get a divorce or can we just stay separated?

Attorney answers (3)

  1. Joanna Marie Mitchell


    Contributor Level 15


    Best Answer
    chosen by asker

    Answered . If you are both in agreement, then you can enter into a written settlement and divide the property and stay married. If you are not in agreement, you would need to get a divorce in order for any property to be divided. Florida does not have a legal separation. So, there's no way to divide any property without a divorce, unless he is in agreement. You should consult with an attorney in order to determine how best to proceed.

    Detailed answers to many frequently asked questions regarding divorce, custody, visitation, child support, alimony, paternity and other Family Law matters are located on my website at Be sure to stop by and check it out! And of course, if you have a question that is not addressed, please feel free to email me directly.

    Should you wish to discuss this matter further, my office offers free initial telephone consultations. During the consultation, we can discuss the particulars of your situation in depth, as well as explore your potential rights and options. If you would like to coordinate a free initial telephone consultation, please contact my office at 407-971-6140 or 352-324-2444 to schedule same.

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This response is not intended to create any attorney-client relationship and is only based on the limited facts given. The response might change should additional facts be learned and should not be relied on as legal advice. It is recommended that you consult with an attorney who can properly assess the situation, as well as all pertinent facts, prior to taking any action based on the foregoing statements.

    Joanna Mitchell
    Mitchell & Associates, P.A.
    614 E. Hwy 50, Suite 327
    Clermont, FL 34711-3164
    PH: (352) 324-2444
    FX: (352) 324-2229

    Please note that THESE COMMENTS ARE NOT INTENDED AS LEGAL ADVICE and are for informational purposes only. This... more
  2. Aaron James Irving


    Contributor Level 14


    Lawyers agree


    Answered . I advise getting a divorce as Florida does not have ay provision for a marital separation.

    If the divorce is not contested, and there are no minor children and everyone agrees as to the division of assets, then you can generally get a divorce within a few months.

    I advise speaking with a family attorney to ensure your rights are protected.

    Note: The information presented at this site should not be construed to be formal legal advice nor the formation... more
  3. Robert Jason De Groot


    Contributor Level 20

    Answered . You can just stay married and sell all the assets and split the proceeds, if you both can agree upon that.

    R. Jason de Groot, Esq., 386-337-8239

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