Any property acquired between the date of marriage and the date of separation is considered « matrimonial property ». This means that both spouses have access to it and receive a fair share of these assets in the event of divorce. However, everything they owned before marriage remains their individual and separate property. Everything that has been acquired after separation is the same; This is part of the separate individual property of each spouse. This means you don`t have to wait for divorce to claim things like your own – separation is what triggers this legal difference. A sample separation is the mildest form. This means that both spouses choose to live separately without entering into a formal legal agreement. There is no legal document prescribing responsibilities and visitation rights, only mutual understanding between the two spouses. The court considers this period only as part of the overall marriage.

All property acquired by one of the spouses during this period is considered marital property, which means that there can be a division of property if a divorce is sought. Sadek and Cooper`s family law lawyers have put together this guide to help you understand what legal separation means for your marriage and divorce. If you need a divorce attorney in Philadelphia or surrounding counties, contact Sadek and Cooper today for free advice about your divorce or separation. Technically, there is no « legal separation » in Pennsylvania`s laws. Separation for legal reasons means that one spouse conveys to the other the intention that he or she no longer wishes to remain married. This intention may be expressed in a variety of ways, including by filing a divorce complaint, by a spouse who leaves the marital home without intending to return, or by oral, written or written notification by the other spouse of the termination of the marriage, or by taking action, including termination of conjugal relations and settlement of a separate part of the matrimonial residence. As mentioned above, in certain circumstances, the parties may be separated while living in the same household. The date of separation in a marriage affects what constitutes marital property and debts, as well as when a divorce decree can be entered into without the consent of the other spouse. Separation also affects other things. Having a relationship with someone other than you is your spouse is legally considered « adultery. » If you are separated, relationships outside of marriage cannot be used against you as grounds for adultery to divorce.

Separated couples can also apply for spousal support or « alimony, » like divorced couples. Finally, since only spouses can own a home, together as « tenants as a whole » in AP, your property rights may change upon separation. Unlike divorce, legal separation does not end a marriage. Instead, it creates a period in which both spouses live apart. It gives each spouse the opportunity to evaluate the marriage and determine if it can be saved. The separation laws in Pennsylvania are different from other states. If you want to legalize your separation, you don`t need to go to family court and file an application. Instead, you and your spouse will draft a legal contract that includes all the necessary details, and you both agree that you will agree to all the terms. If you decide to file for divorce at some point, you may be able to include the terms of your separation agreement in your divorce judgment. In particular, with some exceptions, a court may require proof that a couple has been separated for 12 months and is therefore legally separated before the court has the power to grant the divorce and make final decisions accordingly. Although the courts cannot formally recognize legal separation, a couple living apart can still negotiate a separation agreement between them to cover the time they wait for a divorce. For a number of reasons, a couple may want to stay legally married while living a separate life.

Negotiating a separation agreement may be the best option for this. Separating from your spouse can be an emotional and difficult process. If you`re considering legal separation in Pennsylvania, you should contact a separation attorney to process your agreement. A legal separation agreement in Pennsylvania only works if both spouses agree and both sign the contract. It would not be legally binding if one of the spouses were forced to sign. In addition, both spouses must comply with all conditions. If one of the spouses does not do so, the other can sue him for breach of contract. After all, just because you`re separated doesn`t mean your relationship is over. In the eyes of the law, you are either « single, » « married, » or « divorced. » This means that you cannot remarry while you are separated and you must first receive a final divorce decree.

In addition, there may be tax and financial implications of your legal separation that a lawyer can help you study. Finally, since separation is not synonymous with divorce, there is always an option to end the separation and return to your marital status – which is much easier in a state of separation than after a divorce. Our Pennsylvania divorce attorneys can help you create a game plan for your future if you`re considering separating from your spouse. In addition, it is best to consult our PA family law lawyers BEFORE leaving your marital home or common residence than after, as important rights can be compromised if you are not informed of the legal implications of your decisions. Contact our family law attorneys in Pittsburgh to negotiate a marriage separation agreement for you or to learn about your legal rights and obligations on issues such as child and spousal support and custody. Sadek and Cooper`s divorce attorneys in Philadelphia have helped hundreds of couples in the Greater Philadelphia area get divorced. If you are separated and need help understanding your legal rights, or if you are filing for divorce, talk to a lawyer right away. Our lawyers offer free consultations for new cases. Call 251-625-0851 today.

If you are married and considering divorce or separation, you should consult a divorce lawyer before taking any action. You need to understand your legal rights in order to take the right steps. Please contact The Martin Law Firm, P.C. today for a free case evaluation. Our number is 215-646-3980. If it seems like a separation agreement is a good option, Wexford residents should remember that it`s important to put the agreement in writing and document it appropriately. Without documentation, a court does not have the power to enforce the contract; It should also be remembered that there is no formal legal separation process that a couple can rely on.