In Pennsylvania, many couples choose to remain married but live separate lives. In practice, this type of arrangement works well for many people. Legally, however, separation can be a bit tricky in Pennsylvania.
At the LLF Law Firm, our Family Law Team can help you with all the legal aspects pertaining to the separation of your spouse and advise you on which steps to take in your particular situation. Call 888-535-3686 or fill out our contact form to schedule a consultation.
What's the Difference Between Legal and Informal Separation?
Married couples who are separated are still legally married. They're still considered a married couple even if they're living apart—sometimes still in the same house, just as roommates rather than as partners. In Pennsylvania, this arrangement is known as “separate and apart.”
An informal separation, therefore, is when a married couple agrees to live “separate and apart” but doesn't legally change the status of their marriage.
Legal Separation
In Pennsylvania, legal separations don't exist. The state has no legal status for separated couples, but they are still married couples. If you and your spouse want a legally enforceable separation, you must obtain a divorce.
Informal Separation
Since getting divorced takes a long time and has certain eligibility requirements, many couples in Pennsylvania end up doing an informal separation. There's no document to sign or official status that states you and your spouse are “informally separated.” However, if you end up getting a divorce, you will need to have proof that you were “separate and apart” for at least 90 days or one year (depending on whether the divorce is mutual).
How Does Legal or Informal Separation Affect Divorce in Pennsylvania?
Although you cannot get legal recognition as “separated,” you can draw up a civil contract with your spouse that stipulates the rights and responsibilities of each party. This contract doesn't change your married status; it just divides assets and obligations. If both of you sign it, it's legally enforceable in the state of Pennsylvania, just like any other signed contract between two parties.
Support Payments
Even if you and your spouse are still legally married, your separation contract can include support payments. You can either get Alimony Pendente Lite (APL) or spousal support, depending on whether the divorce process has started.
Child Custody
If you have children, your civil separation plan can include custody arrangements. You can create a co-parenting schedule, determine how much child support should be paid (if any), and decide who takes care of each of the child's needs.
Division of Assets
The separation agreement can also cover who remains in the marital residence, as well as how to handle joint loans and other debts. You can also stipulate who keeps certain belongings, such as cars or electronics.
Call the LLF Law Firm's Pennsylvania Family Lawyers
Our Family Law Team is ready to assist you with your separation agreement in Pennsylvania. We'll ensure that you're aware of all your options and assist you as you determine which separation arrangement is best for you and your family. Call our firm today at 888-535-3686 or submit your info via our online form, and we'll reach out to you.
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