How to Get a Legal Separation in Pennsylvania
When married couples encounter serious difficulties living together, but do not want to divorce, a legal separation can be a desirable move. It provides the couple with a court-approved resolution of their immediate problems without having to end the marriage. However, not all states recognize legal separation as an alternative to divorce. Pennsylvania is among those states. But, given the reality that a couple will most likely live apart from each other when serious difficulties affect their marriage, a married couple in Pennsylvania deciding to live separately can take steps to protect their respective rights by preparing and signing a separation agreement.
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Instructions
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How to Get a Legal Separation in Pennsylvania
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Gather all information regarding real property and personal property that will be subject to the separation agreement. Identify what property will be taken by which spouse. Also be sure to identify which property is subject to a permanent division between the spouses and which property is only subject to a temporary division in order to facilitate the separation. Clarity on this point is essential so that what was done for convenience when separating is not construed as a permanent property division if the time comes for divorce.
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Figure out child and spousal support payments. Although the law can be complex regarding how these payments are calculated, a couple can determine these payments prior to separating by using a computer program designed to make the calculations according to support guidelines. The same programs used by judges and attorneys to make payment calculations in divorce cases are available online and at county law libraries. When these programs are used solely for personal use, they are usually free.
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Discuss and decide upon a reasonable child custody and visitation schedule. Separation agreements can provide for primary, partial or joint child custody arrangements. An agreement can also set forth a visitation schedule to protect the noncustodial parent's rights to continued contact with his child. Keep in mind the best interests of the child and try to maintain the standard of living to which the child has become accustomed.
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Find an attorney to assist in finalizing the agreement in proper form for signing. If the spouses can amicably work out issues regarding property division, support and custody, the cost and expense of retaining an attorney to prepare the separation agreement will be minimized. With all potential areas of dispute resolved, the attorney's assistance is essential for including writing the agreement with the proper legal language so that each spouse can rely on it during the time they are living apart.
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Tips & Warnings
Not only will a separation agreement protect the respective rights of the couple while they live apart, the separation agreement can form the basis for a final settlement agreement should they decide to divorce.
