In this episode of When Split Happens, Jacksonville family law attorney Jay Henderlite of Sasso Guerrero & Henderlite answers a question that surprises many couples: Do you have to be legally separated before filing for divorce in Florida? The short answer is no—but Florida’s divorce laws have important rules every spouse should understand before filing.

Jay explains why Florida does not recognize legal separation, how the state’s no-fault divorce system works, and what legally replaces separation under Florida law. Listeners will learn the two requirements for filing a divorce in Florida—the six-month residency rule and the standard of “irretrievable breakdown of the marriage.”

This episode also covers common concerns for couples who are living apart but not yet divorced, including:

• Whether living separately affects divorce, custody, or time-sharing decisions
• How income, debts, and marital assets are treated during separation
• What happens if one spouse disagrees that the marriage is over
• Whether Florida recognizes trial separations or separation agreements
• How parents can establish temporary support or custody without filing for divorce
• When a petition for support unconnected with dissolution may be appropriate

Jay also discusses how informal separation can impact parenting arrangements, financial rights, and future court decisions—especially for families in Jacksonville and Northeast Florida.

If you’re considering divorce, recently separated, or trying to understand your legal options before taking the next step, this episode provides clear, Florida-specific guidance from an experienced Jacksonville divorce attorney.

Learn more about Florida divorce and family law at familylawyerjax.com.

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