how to file for legal separation in philadelphia and do i need a lawyer

by Ephraim Jakubowski 3 min read

How do I start a legal separation in PA?

In Pennsylvania, there is no legal “separation”. In other words, there is no formal process or court order required to be considered “separated” in Pennsylvania.

How do I file for a legal separation in Philadelphia?

Unlike other states, Pennsylvania does not have “legal separations.” The only way to legally end your marriage is through divorce. As discussed below, simply living apart from your spouse is often only one of the questions and steps involved in getting a divorce in Philly.

Does PA have a legal separation process?

In Pennsylvania, you can be single, married, or divorced, but there is no law that allows you to be "legally separated." When couples decide to separate, however, they face many of the same legal issues divorcing couples do, including how to divide property, cover expenses, and ensure the children continue to spend ...

What are the accepted grounds for legal separation?

The grounds for legal separation may have arisen after the marriage, and may be filed on the following grounds: (1) repeated physical violence or grossly abusive conduct directed against the petitioner, a common child, or a child of the petitioner; (2) physical violence or moral pressure to compel the petitioner to ...

How long does it take to get legally separated?

When a judicial separation is uncontested and both parties complete and return all documents promptly the process will usually take 4 to 6 months, but it may take the court longer to process if any issues are contested.

What does legally separated mean in Pennsylvania?

Pennsylvania does not recognize legal separations. If you're “separated” from your spouse, it means the two of you are living separate and apart, whether you're living in two households or even under the same roof. Separation between married spouses can occur when: The couple mutually agrees to get a divorce.

How many years do you have to be separated to be legally divorced in PA?

two yearsTo obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge won't grant your no-fault divorce right away. Once you've filed your case, there is a 90-day waiting period before your divorce can be finalized.

Can you be separated and live in the same house in PA?

In Pennsylvania, when a couple separates it does not have to be a physical separation. In fact, spouses can be separated while still living in the same house, possibly even in the same bedroom.

What constitutes separation in a marriage?

A legal separation is a way of separating without getting a divorce or dissolution - it's also known as a 'judicial separation. It lets you and your partner make formal decisions about things like your finances and living arrangements, but you'll still be married or in a civil partnership.

Does a husband have to support his wife during separation?

As for spousal support, common-law couples are entitled to spousal support after having lived together for three years, or if they have a child together, as long as the relationship was of some permanence. Married spouses are presumed to be immediately entitled to spousal support, if one spouse has the need for it.

What is the process of legal separation?

0:083:08How to Get a Legal Separation | Legal Separation Explained - YouTubeYouTubeStart of suggested clipEnd of suggested clipChild custody and visitation alimony and child support and division of marital property and debtsMoreChild custody and visitation alimony and child support and division of marital property and debts although property and debt division is not always permitted.

How do I separate from my husband?

Both the parties need to file together with a petition seeking a divorce before the District Court. Before the filing of the petition, married couple should make sure that they are living separately for one year or more. After the petition is allowed, parties are required for filing of the statement.