Legal Question in Family Law in Florida

Required separation for divorce

I've been told that under Florida law that if a couple is not divorced, but has been separated for 7 years, they are legally considered divorced. One has been a Florida resident since 1995; the other never. Is this true?


Asked on 10/22/04, 11:02 am

2 Answers from Attorneys

Scott R. Jay Law Offices of Scott R. Jay

Re: Required separation for divorce

NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.

I do not know where you might have heard such a rumor but it is definitely not true. Many couples have been separated for periods of time far longer than seven (7) years but still have to file for a dissolution of marriage in order to be divorced.

I strongly suggest that you consult with a qualified attorney in order to clarify your situation.

Scott R. Jay, Esq., 305-249-8000

Read more
Answered on 10/22/04, 12:27 pm
Phroska L. McAlister PHROSKA LEAKE McALISTER

Re: Required separation for divorce

It is NOT true. You have been told wrong. There is NO SUCH thing as an "automatic divorce;" nor a "Divorce" based upon "time apart."

If the parties were "legally" married, the parties' marriage, must be "legally" dissolved by a Court, of competent jurisdiction, in order for the parties to be "Divorced."

Good luck,

Phroska L. McAlister,ESQ

Read more
Answered on 10/22/04, 3:31 pm


Related Questions & Answers

More Family Law, Divorce, Child Custody and Adoption questions and answers in Florida