How to Get a Legal Separation From Your Wife in Philadelphia, Pennsylvania

Drafting a legal separation agreement can streamline the divorce process.

Pennsylvania law does not recognize the status of legal separation -- legally, you are either married or not. However, it is possible to have a separation agreement created by a lawyer with the participation of both parties in the marriage. This agreement will be a legally binding contract defining the date of your separation and can be used to determine custody, property division and finances.

Things You'll Need

• Financial documentation

Instructions

1. Find a lawyer. A divorce attorney can help you draft this document and determine what needs to be included. He also will ensure that nothing in the contract contradicts state law.

2. Determine your date of separation. In Pennsylvania, a couple can be considered separated even if they are still living under the same roof. Your lawyer will help you determine the date you began living separately. This date is essential to future divorce proceedings.

3. Agree on the division of assets and custody. While not essential to the separation agreement, deciding these things ahead of time can ease the divorce proceedings. This also gives you and your spouse a chance to discuss the division in a neutral environment.

Tips & Warnings

• While Pennsylvania does not recognize legal separation as a state of marriage, this document will be legally binding. Do not agree to anything you do not wish enforced.

References

• Lee A. Schwartz, Attorney at Law: Legal Separation
• Munley, Munley, Cartwright P.C.: Divorce and Separation in Pennsylvania