Divorce After Long Separation in Florida: $750 (2026)

Florida has no legal separation, so a long separation — whether two years or twenty — does not change your legal status, divorce grounds, or property rights under Florida Statutes Chapter 61. You file a standard no-fault dissolution stating the marriage is "irretrievably broken" (F.S. 61.052). If you agree on all issues, our firm handles it for a $750 flat attorney fee statewide (court costs ~$408-$410 and notary separate).

Does Florida Recognize Legal Separation?

No. Florida is one of a small number of states that does not recognize legal separation as a formal legal status. There is no "legally separated" category in Florida law — under Florida Statutes Chapter 61, you are either married or divorced. Living apart, no matter how long, does not change your legal status.

This surprises many people who have been separated for years and assume that time apart created some kind of automatic legal break. It did not. If you and your spouse separated in 2018 and never filed anything, you are exactly as married in 2026 as you were the day you said your vows. All the rights, obligations, and financial entanglements of marriage remain fully in force.

Because there is no florida legal separation process, the only way to legally end your marriage is to file a Petition for Dissolution of Marriage. The good news for separated couples who agree on everything: that filing is straightforward, and when it is genuinely uncontested, it is inexpensive. Our firm prepares uncontested Florida divorces for a $750 flat attorney fee, the same price in all 67 counties.

What Does a Long Separation Actually Do Under Florida Law?

Legally, almost nothing. The date you separated and the length of your separation carry no special weight in a standard Florida dissolution. This is one of the most misunderstood points in Florida family law, and it has real financial consequences.

Consider what does NOT happen during a long Florida separation:

• Your marriage does not automatically end after any number of years apart.
• Your separation does not become a "common-law divorce" — Florida does not recognize common-law divorce.
• The date of separation does not become a cutoff for dividing marital property in most cases.
• Income one spouse earns while separated can still be treated as marital.
• Debt one spouse runs up while separated can still be treated as marital.

Florida divides property under equitable distribution (F.S. 61.075), and the statutory "cut-off date" for classifying assets and liabilities as marital is generally the date the dissolution petition is filed OR the date of a valid separation agreement — not the informal date you stopped living together. F.S. 61.075(7) defines the cut-off date as "the earliest of the date the parties enter into a valid separation agreement, such other date as may be expressly established by such agreement, or the date of the filing of a petition for dissolution of marriage." That means a wage, a bonus, a 401(k) contribution, or a credit card balance accumulated during a five-year separation can still be on the table at divorce.

This is exactly why a long separation is a reason to finalize a divorce, not a reason to keep putting it off. Every additional year you stay legally married is another year of potential financial commingling.

Can You Get Divorced in Florida After Years of Separation?

Yes — and the length of separation neither helps nor hurts. Florida is a pure no-fault state under F.S. 61.052. The only ground for ending most marriages is that the marriage is "irretrievably broken." You do not need to prove how long you were apart, and you do not need a minimum separation period before filing. Florida has no waiting-period requirement; a couple could be separated for one week or fifteen years and file the identical petition.

The two requirements that DO matter are unrelated to your separation:

For couples separated for years who agree on everything, this is often the simplest kind of case. Our uncontested divorce checklist for Florida walks through every form and step.

Is Abandonment a Ground for Divorce in Florida?

No. Florida eliminated all fault-based grounds. You cannot file for divorce in Florida "on grounds of abandonment," adultery, or cruelty. Under F.S. 61.052, the only grounds are (1) that the marriage is irretrievably broken, or (2) the mental incapacity of one spouse for at least three years. There is no separate cause of action called "abandonment" or "desertion" the way some other states have.

That said, a spouse's disappearance is not legally invisible. While abandonment is not a ground, the practical effect of one spouse leaving and providing no support can surface in other parts of a case — for example, when a court weighs alimony factors under F.S. 61.08 or considers the financial circumstances of each party under equitable distribution. Florida statutes set no specific time frame for how long a spouse must be gone; courts look at the totality of circumstances.

For most couples reading this article, abandonment is a non-issue: if both spouses agree to the divorce and to all terms, fault never comes up at all. The case proceeds as an uncontested no-fault dissolution.

Legal Separation Alternatives in Florida

Because there is no florida no legal separation framework, couples who want to formalize an arrangement while staying married — or who simply want their rights protected during a separation — have a few statutory options:

• Separate maintenance (support unconnected with dissolution), F.S. 61.09. A spouse who is living apart may ask the court to order the other spouse to provide financial support, similar to temporary alimony, while the marriage remains intact. This does not end the marriage.
• Petition for support of children, F.S. 61.09. Where there are minor children, a separated parent can seek a court-ordered support arrangement without divorcing.
• Postnuptial agreement. A married couple may sign a binding postnuptial agreement allocating property, debts, and support — functionally giving separated spouses many of the benefits people associate with "legal separation."
• Parenting plan, F.S. 61.13. Separated parents can establish a court-recognized time-sharing schedule and parental-responsibility arrangement even without divorcing.

A word of caution: informal, handshake separation agreements are risky. If one spouse later files for divorce, a court may not honor an informal arrangement that was never reduced to a legally enforceable contract. If you have been operating under an informal split for years, formalizing your divorce — or at minimum a binding written agreement — is the only way to make those terms enforceable.

Many couples who have been separated a long time eventually decide that the cleanest, most permanent solution is simply to finish the divorce. When you already agree on everything, that step is far less daunting than people fear.

What Makes a Long-Separation Divorce "Uncontested"?

An uncontested divorce means both spouses agree on ALL issues: property division, debts, time-sharing and parenting for any minor children, child support, and alimony. If you have been separated for years and have already divided your belongings, closed joint accounts, and settled into separate lives, you may already be most of the way to an uncontested case.

There are two uncontested paths in Florida:

Simplified Dissolution (F.S. 61.052(2))

The simplified path uses Form 12.901(a), the Petition for Simplified Dissolution of Marriage. It is available only when:

• There are NO minor or dependent children, and neither spouse is pregnant.
• Neither spouse is seeking alimony.
• Both spouses agree on the division of property and debts.
• BOTH spouses are willing to appear together at the final hearing.

Simplified dissolution is faster, but it requires both spouses to give up the right to a trial and to financial disclosure from the other spouse. For an amicably separated couple with no kids and no support claims, it can be ideal. Read more in our Florida uncontested divorce checklist.

Regular Uncontested Dissolution

When there are minor children, an alimony arrangement, or one spouse cannot appear in person, you use the regular uncontested path: Form 12.901(b)(1) (Petition for Dissolution of Marriage With Property but No Dependent or Minor Children) or Form 12.901(b)(2) (with minor children). The case is resolved through a written Marital Settlement Agreement and, if there are children, a Parenting Plan.

For couples who have been separated a long time and live in different places, the regular path is often the right fit — see our guide on uncontested divorce when your spouse lives out of state.

The Marital Settlement Agreement After a Long Separation

The Marital Settlement Agreement (MSA) is the centerpiece of most uncontested cases. It is the written contract in which you and your spouse memorialize everything you have agreed to. For couples separated for years, the MSA is where you make your long-standing informal arrangement legally binding and permanent.

A complete MSA must address:

• Division of marital property (homes, vehicles, bank accounts, retirement assets).
• Allocation of marital debts (mortgages, credit cards, loans).
• Time-sharing and a Parenting Plan, if there are minor children (F.S. 61.13).
• Child support, calculated under the F.S. 61.30 guidelines, if there are minor children.
• Alimony — including whether both spouses agree to waive it.

The standard simplified form is Form 12.902(f)(3) (Marital Settlement Agreement for Simplified Dissolution of Marriage). For a long separation, the danger is assuming that "we already split everything years ago" makes the MSA optional. It does not. Until the court enters a Final Judgment incorporating your agreement, those informal divisions are not enforceable, and a separated spouse can still claim an interest in assets and income accumulated during the separation. This is one of the most common and costly mistakes — see our list of uncontested divorce mistakes in Florida.

Financial Disclosure: What a Long Separation Doesn't Excuse

Florida requires mandatory financial disclosure in most dissolutions. Each spouse generally must file a Family Law Financial Affidavit — Form 12.902(b) (short form, for incomes under the statutory threshold) or Form 12.902(c) (long form) — within 45 days of service.

A long separation does not automatically excuse this. However, in a regular uncontested case the parties may agree to waive filing the financial affidavits by filing Form 12.902(k) (Notice of Joint Verified Waiver of Filing Financial Affidavits), authorized under Florida Family Law Rule 12.285. In a simplified dissolution, financial disclosure from the other spouse is waived by the nature of the path itself.

The affidavit matters because it forces both spouses to put their income, expenses, assets, and debts on the record — which protects you. If your separated spouse has been hiding income or accumulating debt, the affidavit is where it surfaces. Our Florida financial affidavit guide explains both forms in detail.

How Much Does a Long-Separation Divorce Cost in Florida?

For an uncontested case, our firm charges a $750 flat attorney fee — the same in every one of Florida's 67 counties. That covers preparing and reviewing your documents, ensuring your MSA and (if applicable) Parenting Plan are complete, and answering your legal questions. Court costs and notary fees are separate and paid by you.

Here is how the numbers typically break down:

The length of your separation does not change any of these numbers. A couple separated fifteen years pays the same $750 flat attorney fee as a couple separated three months, as long as the case is genuinely uncontested. For a deeper cost breakdown, see our uncontested divorce cost guide.

Court filing fees are set by each county clerk and are separate from our flat attorney fee. As of June 2026, verify the current amount with your local clerk.

Attorney-Prepared Divorce vs. DIY Form Services

After a long separation, your case can look deceptively simple — which is exactly when small errors do the most damage. Non-lawyer document-preparation and "typing" services can fill in forms, but by law they cannot give legal advice, cannot tell you whether your MSA actually protects you, and cannot catch a substantive error like a missed retirement asset or an unenforceable provision.

This is not about whether you are "allowed" to file on your own — you are. It is about whether someone with a Florida license has confirmed that your long-separation agreement is complete and enforceable before the court enters a Final Judgment. For a fuller discussion, read do you need a lawyer for an uncontested divorce in Florida.

The Filing Process for a Long-Separation Divorce

Once you decide to finalize, the process is the same no-fault dissolution everyone else files:

Florida uses standardized family law forms available at flcourts.gov, and cases are filed through the Florida Courts E-Filing Portal at myflcourtaccess.com. There is no mandatory waiting period after filing — the timeline depends primarily on the court's calendar, which the court controls.

If you have been separated for years and you both want to move on, the hardest part is usually deciding to start. From there, an uncontested dissolution is a defined, predictable process. Our firm can prepare your entire uncontested divorce for a $750 flat attorney fee statewide — schedule a consultation to confirm whether your case qualifies.

Frequently Asked Questions

See the FAQ section below for detailed answers about divorce after a long separation in Florida.

Disclaimer

This article provides general information about Florida divorce law and does not constitute legal advice. Every case is unique. The Law Office of Antonio G. Jimenez can prepare your uncontested divorce for a $750 flat attorney fee (court costs and notary separate); contact our office to confirm whether your case qualifies as uncontested.