DeLand Family Law & Criminal Defense Attorneys
Three Decades of Collective Legal Experience Defending Cases in DeLand, Deland & West Volusia, FL

Separation in Florida

I am aware fl. does not have a legal separation. However, I am also aware there are other forms of separation not court ordered. Please advise me of my options concerning this matter. thank you L/ Glenn
- LG , Florida


You are correct that Florida does not recognize legal separation. The law only deals with dissolution of marriage - divorce. However, in Florida there are two major paths for divorce - contested and uncontested which may provide you with the solutions you need.

An uncontested divorce means both parties have come to an acceptable agreement on all legally significant aspects of their divorce case. This includes the aspects of child custody and child support, as well as property division and spousal support. While it is possible for this to be achieved between the two parties alone, enlisting the assistance of an attorney is a wise decision. Even if the divorce is entirely amicable, it will assist both parties to achieve a fair resolution if they are informed as to their legal rights and responsibilities. It is faster and cheaper, allowing both parties to save money and move on with their lives. It is ultimately less contentious and thus less upsetting and disruptive to the families involved. More importantly, it allows both parties to have a say in determining the outcome of the factors involved, rather than submitting themselves to an unpredictable outcome through the court.

Contested divorce occurs when a couple has been unable to reach an agreement on any or all of the matters relating to their divorce. This can result in much higher legal fees and time invested in the process for both parties. Florida law encourages settlement in divorce actions in order to protect the individuals and children involved as well as minimize the burden on the legal system. Therefore, divorcing couples are required to participate in a mediation before a court will hear either side in a contested case.

If you are a couple intending to have a contested divorce, we can draft temporary agreements which would act as separation until a final marital settlement agreement is reached. In other words, you could have a temporary agreement on the issues while separated if you are intending on divorcing.

I hope this answer gives you more insight in the legal process of divorce and I would be more than happy to assist you through this process. If you have any further questions, please call our office to set up a consultation: 888-785-6548.


J. David Ellzey Jr.
Attorney, Buckmaster & Ellzey
DeLand, FL 32114

This answer does not constitute legal advice, which can only be rendered after a full consideration of the facts of your case which is not possible in this format; nor establish an attorney-client relationship, which can only be done after you and an attorney meet and agree on the terms of that relationship. This answer is intended solely to provide general information about the justice system. Further, it does not provide the basis for making decisions about a course of action. Before making any decisions about a course of action readers are strongly encouraged to contact a lawyer and secure an attorney-client relationship. Readers must also understand that this format does not provide for confidential communication. Moreover, links to information on this site are for your convenience only and are not an endorsement or recommendation of those sites, and no responsibility is taken for any information at these linked sites, nor makes any representation or warranty with respect to these sites or the information contained therein.


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Buckmaster & Ellzey

110 W Indiana Avenue, Suite 203
DeLand, FL 32720

Phone: (888) 222-1679

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Deland Location

110 W. Indiana Avenue
Suite 203
Deland, Florida 32720