What Is Legal Separation?

Unlike some states, Pennsylvania does not recognize or offer legal separation. Couples in Lebanon are married until they officially divorce. Married couples can, however, live separate and apart and implement legally binding Separation Agreements that determine relevant terms. There is also a year-long separation requirement for unilateral divorces in the state, which means those cases in which only one spouse wants the divorce.

Our experienced Lebanon, PA, separation attorney at Feeman Law Offices welcomes the opportunity to help you navigate your next steps.

Separation Agreements in Lebanon

You and your separating spouse can draft a Separation Agreement, also called a Marital Settlement Agreement (MSA). This agreement becomes legally enforceable when signed by both of you and notarized.  You’re also advised to file the contract with the court, and in Lebanon, this means at the Lebanon County Prothonotary’s Office at the Lebanon County Municipal Building.

The Terms Addressed

In your Separation Agreement, you can address all the following that apply to your circumstances:

• The fair division of marital property, which is determined in accordance with the unique circumstances involved, may not be an equal division
• Child custody arrangements
• Child support
• Spousal support, or alimony pendente lite (APL), once a divorce action has been filed

If You Can’t Reach an Agreement

If you and your spouse can’t agree on the terms that will guide your separation, the court can’t force the matter because Pennsylvania doesn’t recognize legal separations. In other words, Separation Agreements are private matters.

If this is the situation you find yourself in, your options include mediation, filing for support through the court, or pursuing a divorce. While you’re living separate and apart from your spouse, you can seek both spousal support and child support, as applicable, through the court.

Recognizing What It Means to Be Separated

As soon as one of you moves out of your marital home or you implement a Separation Agreement, the start date of your separation officially begins. This can play an important role down the line. To begin, the assets acquired and the debts incurred by either of you after this date will be considered separate rather than marital property. This can make a big difference in terms of the division of your marital property if you do go on to divorce.

The One-Year Requirement for Unilateral, No-Fault Divorces

Moving out or implementing a Separation Agreement also starts the clock on the one-year requirement for living separate and apart that applies to some divorces in the state. If your divorce is no-fault and unilateral, which means that only one of you wants it, this separation requirement applies.

It’s Time to Consult with Our Experienced Lebanon Separation Lawyer

Scot Feeman at Feeman Law Offices is a seasoned Lebanon separation attorney who has an impressive track record for helping our valued clients effect well-considered Separation Agreements that protect their rights while living separate and apart. Separations in Pennsylvania are legally challenging, but we are on your side and here to help. Learn more by reaching out and contacting us online or giving our firm a call at 717-273-1763 today.