Legal Seperation in Pennsylvania

It is not unusual for a married couple to physically separate during marital difficulties. However, there is no such thing as a legal separation in Pennsylvania. This means that the parties do not have to go to Court for a special order authorizing or evidencing their desire to live in separate places.

There is no legal requirement that a husband and wife be separated for a period of time in order to file for a divorce. There is no requirement that a divorce be immediately instituted upon separation. However, once parties have lived separate and apart for a period of two years, one party may seek a divorce without having to obtain the consent of the other party.

Pennsylvania law views people as either married or single. Rights created by marriage can only be disposed of by divorce.

Although people may live in separate residences, both may be fully responsible for all debts incurred while married. This means that both may be responsible for 100% of the debt, not just one-half. If a joint bill does not get paid, the creditor will look to the party who has resources to pay, not just the party who may have possession of the particular asset involved.

Separated spouses may also be responsible for the necessities of the other. For example, a husband or wife may be responsible for medical expenses of the other even though the parties have been separated for a period of time.

A spouse may be legally required to support the other spouse during a period of separation. The concept of spousal support is dealt with much as child support, except that the independent spouse may challenge the right of the dependent spouse to financial assistance. A petition for spousal support and/or child support may be filed without the assistance of an attorney at the Erie County Support Office in the Erie County Court House. They will schedule a hearing for you and you have the option of hiring an attorney if you wish.

Absent a Court Order, both parties usually have the legal right to continue to live at the marital residence. If one spouse is physically or verbally abusive to the other spouse or the parties' children, the Court may order the abusive spouse to leave the marital home.

The repercussions of separation affect more than a husband and wife. In the event the parties have children, provisions must be made for custody and child support.

The law does not require that the parties litigate these issues, but the Courts do provide a remedy if the parents cannot agree. Either party may request Court hearings by the filing of the appropriate documents.