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We Want to be Separated, Now What?

While Pennsylvania law does not provide for the issuance of a “legal separation,” spouses can separate without the need to file for divorce.

During the period of separation, a spouse can file for spousal support, child support or child custody.  The court will not deal with issues of property distribution if there is no divorce complaint filed.

Nonetheless, the spouses can always reach agreements on all issues arising out of the divorce even if there is no divorce complaint filed yet.

Often spouses will use the services of a Mediator to reach amicable agreements on all issues relating to the separation and divorce, and this can also be done prior to anyone filing for divorce.

It is recommended that you consult with an attorney regarding your intentions to separate prior to actual separation, so that you will know what to expect in connection with your rights and obligations.  It is important to have a strategy in place in order to protect your rights and to prepare for your obligations.