Couples may go through temporary separations as they work things out. When a separation lasts long, you begin to ask yourself, “Should I get a divorce?” It is understandable to try to delay dissolving the marriage; it feels less messy emotionally. But putting off a divorce may have unintended legal consequences as you try to move on with your life.
When the separation runs into years and you lose track of your spouse, the process of getting a divorce may complicate your ability to go on with your life as if you were single.
Unintended consequences of not getting divorced
Regardless of whether you know where your spouse is, here are some surprising results about a lengthy separation when neither of you intend to continue being married:
- Buying a Home: In Florida, if you want to buy a home and are married, your spouse will have to sign the mortgage. This isn’t a problem as to buying a home if you are paying for the home cash. But if you have to finance your home, your closing may be delayed since you have to either find your spouse or get the divorce done.
- Getting Remarried: Remarrying while still being married to someone else is called bigamy, which is a crime; and your new marriage is void from the beginning. Beyond the fact that it is a crime, do you really want to start your new marriage while still married to someone else? New spouses are rarely understanding of this fact.
- Setting a Wedding Date: Related to the second point, above, is setting a marriage date for your new marriage while still being married to someone you can’t find. there is no way to shorten the time required to do a search to find your spouse, or the time set by the Court for your spouse to answer when the divorce is done by publication.
- Inheriting Your Estate: People who are married have a right in the estate of a spouse who passes away, regardless of whether they are still living together. At a minimum, your heirs will have to fight your spouse; and in the worst case scenario, your spouse may walk away with property you accumulated between the date of separation and the date of you passed away.
- Having Your Spouse Claim Property: In many instances, your spouse can claim a share in property you have accumulated since the separation. In Florida, there is no legal separation that automatically happens simply because you and your spouse have decided to separation. There is either marriage with a pre-nuptial or post-nuptial agreement, or a dissolution. But it is a myth to think that just because you are no longer living as spouses, that you are “legally” separated. Without a pre-nuptial or a post-nuptial agreement, all property you accumulate–think retirement plans, investments, small business, savings ccount, etc– after you separated but before a divorce is property that is subject to being divided by the Court.
Explore your options to better answer the dreaded Should I get a Divorce Question
Only you can decide whether dissolving your marriage is right for you.
You have many options to choose from. A good starting point is marriage counseling if you’re not sure that you are ready to get a divorce.
If marriage counseling doesn’t seem to work, you have other options to conclude this phase of your life. You can speak to your spouse about an uncontested divorce. If that doesn’t work, get a case assessment session that answers all your questions, including options for getting a divorced when your spouse will not cooperate with you. Lastly, if you’ve lost touch with your spouse and don’t know where they are, you can do a divorce by publication.
Don’t put off your divorce any longer simply because you think it will be a hassle to get it done.
If you have questions about your divorce, or if you’re ready to begin the process, call me today at 305-710-9419. You can also, complete this request form and let me know the best time to call you.