Separated for Many Years: What Happens During Divorce in Orlando?

While some spouses divorce immediately after separation, other spouses take longer to finalize the dissolution of their marriages. Sometimes, separated spouses lack the funds to pay for a divorce lawyer in Orlando and spend a few years saving before hiring lawyers. In other situations, these spouses may still harbor some hope of reconciliation. Whatever the case may be, there are unique considerations when divorcing after years of separation.

Can I Still Divorce After Years of Separation? 

Yes, you can still divorce even if you have been separated for many years. Some also use the term “estranged” when referring to this long-term separation. Even after decades of separation, it is still possible to finalize this process and officially divorce.

It is a good idea to get a divorce as soon as you are able. Although this might seem inconvenient, a long-term separation can complicate your life in many ways. You might encounter tax issues, legal issues, and you might even have creditors coming after you for your estranged spouse’s debts. Perhaps most obviously, it is impossible to legally remarry unless you divorce first.

Note that Florida does not recognize “legal separation.” You do not “automatically” divorce if you remain apart from your ex for a certain amount of time.

Long Separation Periods Can Cause Issues During Property Division

A long period of separation can complicate property division in Florida. The general rule is simple: Assets you acquired after your date of separation are “separate property.” This also applies to debts. For example, you might purchase $10,000 worth of stocks after you move out of your family home and separate from your spouse. If these stocks are worth $500,000 in ten years, this money remains yours – even if you never officially dissolved your marriage.

The same logic applies to debt. If your ex accumulated $100,00 worth of debt after you left the family home, creditors cannot come after you for this money. Because these liabilities were incurred by the ex after the official date of separation, they are not “shared” like marital debt. In other words, you can get a divorce without having to worry about paying your ex’s debts.

That being said, long periods of separation can complicate issues during divorce in many ways. Parties may try to argue that assets and debts accumulated during the separation period are marital. An experienced lawyer can push back, helping you end the marriage without incurring unnecessary financial stress.

Can a Divorce Lawyer in Orlando Help Me? 

If you need help from a divorce lawyer in Orlando after years of separation, there are many resources available. To learn more about how your divorce might proceed, consider scheduling a consultation. If you’re ready to move forward, it’s never too late to finalize your divorce and truly begin the next chapter of your life. To learn more about your options, contact Steve Marsee, P.A. today.

Source:

 floridabar.org/public/consumer/pamphlet010/