How long do you have to be separated in order to be considered legally divorced?

Asked about 3 years ago - Fort Lauderdale, FL

If I can't afford to get a divorce and we've been separated for seven months are we legally divorced? Also in regards to timeshare, who's the primary parent? How can we handle timeshare if we can't get a divorce?

Attorney answers (3)

  1. Theodore James Rechel


    Contributor Level 10
    Best Answer
    chosen by asker

    Answered . You are not legally divorced simply because you no longer cohabitate. You have to file a petition for dissolution of marriage and obtain a final judgment of dissolution singed by a judge to be divorced.

    Florida law no longer recognizes any "primary parent". There are only parenting plans and timesharing schedules. "Majority timesharing" is agreed to by the parties or awarded by the judges, but this terminology is not really authorized by the statutes.

    You can contact the courthouse, mediation and diversion services to schedule a mediation to work out timesharing. You can file a petition for dissolution and represent yourself (pro se). If you can't afford the filing fee, you can apply at the clerk's office for indignency, and it won't cost you anything.

  2. Melissa Dawn Sosa

    Contributor Level 14

    Answered . In order to be considered legally divorce in this State, you have to file a Petition requesting a divorce and obtain a final judgment granting such. There is no legal separation in this State, and even if you have a separation agreement you are still married legally.

    This response does not create an attorney-client relationship. Unless you are already a client of the Sosa Law... more
  3. Arthur James Mullaney III

    Contributor Level 8

    Answered . In fact you don't ever have to separated to get divorced. You can continue living together after the divorce. Not kidding, it happens! Mostly due to the housing market.

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