[FL] Should we use a separation agreement or a divorce settlement agreement if we agree on dividing assets and debts and want to file for divorce ourselves?

FL Family Law

Alex, Esq.

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Florida does not have separation agreements, so they are not considered valid. If you reside in Florida, you would have to proceed with a divorce. There's no requirement to have a lawyer and the forms are straightforward. (FL Stat § 61.052)

The marital asset and the debt that is shared would be detailed in the marital settlement agreement.

Florida Marital Settlement (Divorce) Agreement

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We have discussed separation and divorce and based on those items discussed, I have drawn up a separation agreement. But should this be a divorce agreement instead? We basically want to exit this 2.5-year marriage with what we brought to the marriage originally. We only have one marital asset to divide the value of and some shared marital debt.

If we can agree in writing to an agreed settlement, can we file a divorce agreement ourselves?

Lexi, Chatbot

I understand that navigating separation and divorce can be challenging. Have you and your spouse agreed on the terms of the separation agreement?

Verbally, but I’m concerned that when it is really happening he will change his mind.

Lexi, Chatbot

Are there any children involved in this marriage that need to be considered in the agreement?

No, we married just 2.5 years ago and I’m 63 and he is 65.

Alex, Esq.

Hi there! I'm an attorney with 26 years of experience. Just so you are aware, this service provides legal information only. No attorney-client relationship is formed from our conversation.

Ok.

Alex, Esq.

Thank you for joining me online today. To clarify, please tell me what city and state do you reside in?

Are you familiar with Florida family law? St. George Island, FL.

There are no children. We are 63 and 65. We married 2.5 years ago and built a home together that is the only marital asset. We do have $168k of marital debt that is shared, which should be divided between the parties.

Alex, Esq.

Thank you for confirming your location.

Alex, Esq.

The marital asset and the debt that is shared would be detailed in the marital settlement agreement.

But I came to the marriage with the only income, which is derived from rental properties that I owned prior to our marriage. I am concerned that a judge would take these or some of my monthly income and award it to Al.

Alex, Esq.

A judge is highly unlikely to overrule an agreement.

Ok, so if we agree on a settlement the judge could not overrule it? Al was very insistent that when we married no prenuptial be filed, and he was not honest about the total lack of income that he had or could generate. I just want us both to walk away with at least what we came into the marriage with, and I’m not entirely sure how to ensure this.

Alex, Esq.

It's considered a short-term marriage. There's really no issues to argue regarding the division of assets, alimony, etc.

Do we each have to prepare a financial affidavit?

Alex, Esq.

Yes, all assets/debts need to be disclosed.

Ok. Is there a list somewhere that says what forms and/or how to file for a divorce in Florida?

Alex, Esq.

Do you have any other questions regarding your initial inquiry that I can assist you with?

The documents that are required can be done automatically online.

Thank you for your advice and information.

Got it, thanks.

Alex, Esq.

My pleasure.

Alex, Esq.

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