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Fort Lauderdale Divorce Lawyer > Blog > Divorce > Living With Your Spouse But Want A Fort Lauderdale Divorce? An In-Home Separation Is Possible

Living With Your Spouse But Want A Fort Lauderdale Divorce? An In-Home Separation Is Possible


Separating from your spouse and living apart for a period of time is a common practice when getting a divorce in Fort Lauderdale. A physical separation can serve as a cooling-off period and may help to clarify whether both parties want to remain in the marriage.

However, it is not always practical, nor is it required under Florida law. Our Fort Lauderdale divorce lawyer explains why some divorcing couples continue to live together and how it could impact your rights.

Can You Live In The Same Home While Getting Divorced In Fort Lauderdale?

Under the Florida Statutes, there are no mandatory waiting periods for getting a divorce in Fort Lauderdale. This means that, unlike many other states, you do not have to live separately from one another for any period of time before you can file a divorce petition.

Couples often prefer to maintain physical and emotional distance from soon-to-be former partners during a break-up and when going through divorce proceedings. However, there are several situations that may cause some to continue living together:

  • They want to maintain a two-parent household for their children;
  • They rely on each other’s income and continue living together for financial reasons;
  • High housing prices and limited availability may make it harder for each to establish their own residents;
  • One of the spouses refuses to leave, either for financial reasons or because they do not agree that divorce is the only option.

If you and your spouse opt to remain in the same home for the above or other reasons, it will not impact your ability to file a divorce petition or obtain a final divorce order through the Broward County Family Court.

The Impact Of Living With Your Spouse While Getting A Fort Lauderdale Divorce

Under Florida law, the only requirement for getting a divorce in Fort Lauderdale is that both parties are residents and that the marriage is irretrievably broken. It is possible to continue living with your spouse even after you file a divorce petition. However, it can also impact certain rights and may not be the best decision when attempting to move forward with your life:

  • Problems in the relationship: The same problems that caused you to want to end your marriage can make it difficult to live together during divorce.
  • The potential for awkwardness: Whether it involves a bad day in court, resentment over divorce negotiations, or wanting to dip your toe into the dating pool, living together during divorce can get awkward.
  • Equitable division of assets: Living together makes dividing property and assets more complex during divorce and could jeopardize your rights in a settlement.
  • Alimony payments: Living with your spouse is likely to negatively impact your ability to get spousal support.

Contact Our Fort Lauderdale Divorce Lawyer

Fort Lauderdale divorce lawyer Vanessa L. Prieto provides the experienced, trusted legal guidance you need when ending a marriage. To protect yourself and your rights, request a consultation today.




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