Schwam-Wilcox & Associates, Attorneys and Counselors at Law
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Legal Separation

Written by: Camy Schwam-Wilcox Esq.

There is no requirement for legal separation in the State of Florida. Although, after filing the Petition for Dissolution of Marriage (divorce) there is a twenty (20) day waiting period before the Final Judgment (decree) can be entered, which is what legally dissolves the marriage. There is always a question about how vacating the marital home will raise abandonment issues, and that is also not the case in Florida. No one expects people in conflict to reside with one another, and vacating or leaving the marital home does not give one party an advantage or disadvantage in regard to distributing that asset or liability (depending on the financial condition of the property). Some people want to be legally separated and not move forward with the dissolution at first; however, this just causes an additional action in court. The end result of filing for separation cannot yield a dissolution of the marriage; however, filing a dissolution of marriage can yield a legal separation. At the law office of Schwam-Wilcox & Associates, we can explain in detail what this actually means for the parties and how they can best use their resources to obtain the goal they desire for themselves and their families. To contact the office you can call 407-245-7700 or send an e-mail to You may also visit our website at


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