A legal separation provides a way for couples to live apart while still being legally married. This process allows spouses to resolve certain matters such as property division, child custody, and spousal support, without immediately proceeding to divorce. Legal separation is often a stepping stone for couples who need time apart before deciding whether to divorce or reconcile.
What is legal separation?
Legal separation is not a formal divorce, but it allows couples to live separately and resolve legal issues related to their marriage. During a legal separation, the couple remains married but has the court approve the terms of their separation, including child custody, visitation, and financial support.
Once a legal separation is established, both spouses are expected to abide by the court’s orders. If any issues arise, they may be brought back to the court for modification or clarification.
While Pennsylvania does not have a specific legal separation statute, couples can choose to live apart, and the courts can handle issues like support and custody through petitions for relief.
Differences between legal separation and divorce
While a separation allows couples to live separately and resolve issues like custody and support, it does not end the marriage. A divorce, on the other hand, terminates the marriage and allows for permanent division of property and assets.
Unlike divorce, which is a final and permanent end to the marital relationship, a separation gives couples time to reconsider their options. The couple must file separately for divorce, even if they have been legally separated for a period of time.
Benefits of separation vs. divorce
For some couples, a separation may be a less drastic option than divorce, while still providing a framework to address important issues. It can be an effective way to get organized and protect your rights during a time of uncertainty.