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Orlando Criminal Attorney > Blog > Family > When Is Divorce Better Than Separation?

When Is Divorce Better Than Separation?

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Florida is one of just a handful of states that does not recognize legal separation. That being said, couples can still choose to enter into a formal agreement that outlines the terms of child custody, child support, and more. The couple can then live separately as though they are single, even though they are actually still legally married.

While these arrangements work for many couples, there are times when one person may start to consider formally ending the marriage. So, when is divorce better than a separation? Below are four scenarios in which a formal dissolution may be appropriate.

There is No Chance of Reconciliation

Many couples separate and use the experience as a pre-divorce trial. They use the time apart from their spouse to determine if they want to make it work, or if they are enjoying living as a non-married person. If you already know that there is no chance you will reconcile with your spouse, you may want to opt for starting the divorce process instead of taking even more time for a separation.

You and Your Spouse Are Not on Good Terms

There may have come a point in your marriage in which you started to feel resentful, angry, or frustrated with your spouse. Sometimes, people realize they were never truly happy in their marriage, particularly when issues such as domestic violence are a factor. If tension and conflict between you and your spouse has become so severe that you are no longer on good terms with them, it may be best to get a divorce. Once conflict has risen to that level, it is often extremely challenging to try and work things out with your spouse during a separation period.

You Want to Remarry

You can only be legally married to one person in Florida and even in states that recognize legal separation, you must divorce from one person before marrying another. If you are already separated and you want to remarry, you will have to formalize the dissolution. If you have not yet separated from your spouse, but you know that you will want to remarry in the future, you may also want to think about getting a divorce instead of a legal separation.

Separation was Already Unsuccessful

Letting go of a marriage is incredibly difficult. It is not uncommon for people to reconcile after a separation only to find out that the marriage is still not working. After reuniting with their spouse, they begin to fight again and may start to reconsider the separation. When separation has already been unsuccessful, it is unlikely that a second try will have different results and so, it may be time to think about divorce more seriously.

Our Family Lawyers in Orlando Can Help with Your Divorce

If you have decided that divorce is the right decision for you, our Orlando family lawyers at O’Mara Law Group can advise you of your legal options. Call us today at 407-634-6604 or contact us online to schedule a consultation so we can review your case.

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