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Fort Lauderdale Divorce Lawyer > Blog > Divorce > Four Signs the Time Is Right to File for Divorce During a Separation

Four Signs the Time Is Right to File for Divorce During a Separation


A separation can be the first step couple take towards repairing the damage in their marriage or it can signal the beginning of the process of filing a divorce. There are those who remain ‘married, but not together’ indefinitely, sometimes stretching out over a period of years. While there may be practical reasons for it, there are signs that indicate it is time to legally end your relationship.

Living Separated From Your Spouse Versus Filing for Divorce

In some cases, divorce is not an option due to religious beliefs or cultural pressures and living in a permanent state of separation may be the most viable option. However, most couples use this time to get some perspective on their situation. Once it becomes obvious that the marriage is beyond repair, taking the necessary steps in contacting an attorney and filing the documents needed to get a legal divorce is the best option.

According to Livestrong, filing your divorce petition can provide legal, financial, and emotional benefits. It can provide closure, helping you heal from the breakup with your partner, while allowing you the freedom to move on with your life. The following are four signs it may be time to take this step:

  1. You have considerable marital property and assets: Under the Florida Statutes, all marital property in a divorce is to be divided on an equitable basis, taking into account the length of the marriage, each spouse’s individual earnings and assets, and the contributions each made during the marriage. If you and your spouse share considerable property or financial holdings, allowing your situation to linger could make it more difficult to do an accurate inventory, causing you to miss out on your rightful share.
  2. You are about to buy property or make an investment: While property division proceedings will take into account that you may have been separated at the time you acquired property or made an investment, the fact is that in the eyes of the probate court, you remain married. In the event anything happened to you, your spouse would be entitled to claim it.
  3. You have paid off past debts: It is always best to resolve marital debts before your divorce is finalized. If you and your spouse are finally debt free, this can be a sign that the time is right to file for divorce. Remember, as long as you remain legally married, you will be responsible for debts your spouse incurs.
  4. You are ready to begin dating: Wanting companionship is natural, but if you find yourself ready to begin thinking about another relationship, take care of the situation with your existing spouse first.

Contact Us Today for Help

When you are ready to begin the process of filing for a divorce, our Fort Lauderdale divorce attorney is here to provide you with the legal guidance you need. Reach out and contact attorney Vanessa L. Prieto to request a consultation today.



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