What Mistakes to Avoid when Separating from Your Spouse?
Florida is a state that does not recognize legal separation. You are either married or divorced, even if you do not live with your spouse during the divorce process, or beforehand. Still, the reality in any divorce case is that you will have to physically separate from your spouse at some point during the process. Some people do this prior to even filing for divorce, while others separate after the process has started, and others still separate only after the divorce is final.
The physical separation that comes with divorce is difficult, as it is a big adjustment from living with someone. It is crucial that everyone prepares for this separation, and that they avoid some of the common mistakes made during this time.
Failing to Plan for the Separation
In the majority of divorce cases, the marital relationship started breaking down long before one party files for divorce. It is natural for a person in this position to become so overcome with emotion that they do not even think about, or plan for, the separation. This is a big mistake, as it can lead to someone suddenly finding themselves in a position that they did not prepare for.
When planning for the separation that comes with divorce, you should consider whether you want to remain in the marital home, or if you want the other party to stay in the home. You should also consider where you will live if you do leave the house and, if there are children involved, how far away you will move, and if it is in a school zone.
Failing to Financially Plan for the Process
Your finances will change dramatically after divorce. You will have to adjust to living off of potentially two incomes to just one. If you did not work during the marriage in order to stay home and care for children, this adjustment is particularly difficult. Again, people often fail to financially plan for the process simply because they are sorting through so many emotions. However, having a financial plan for when you are single is crucial.
Start your financial planning by outlining the budget you will need to move out of the marital home, move into another residence, pay for your divorce lawyer, and cover all of your other expenses. Also consider any payments you may be ordered to make after the divorce, such as spousal support or child support, and include these in your budget.
Moving Out Too Soon
If you have decided to leave the marital home, you may be so anxious to get out that you do not fully consider the consequences of doing so. While moving out does not mean that you automatically forfeit your right to the home, you should consider that your spouse may have feelings of resentment. In these cases, it is not uncommon for your spouse to withhold child visitation rights from you, particularly if they remained in the marital home. It is crucial to have a written visitation plan, even if only scribbled on a napkin, before you move out so you do not forfeit time with your kids.
Our Florida Divorce Lawyers can Advise on All Aspects of Your Case
When going through a divorce, an attorney can advise on all legal aspects of your case. At All Family Law Group, our Tampa divorce lawyers will provide all of this advice, as well as provide counsel for many of the non-legal aspects, such as when you are preparing to physically separate from your spouse. If you are going through a divorce, call us today at (813) 672-1900 to schedule a free consultation with one of our attorneys or contact us online.
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Resource:
leg.state.fl.us/statutes/index.cfm?App_mode=Display_Statute&URL=0000-0099/0061/0061.html
