You`ll need the help of a separation attorney in Pittsburgh who recognizes how difficult these situations can be and who has experience managing separation and divorce in Pennsylvania. Attorney Anthony Piccirilli can help you make sure you and your spouse enter into a separation agreement that protects the things that matter to you. The separation date in a Pennsylvania divorce is important for two main reasons: Although the courts cannot officially recognize legal separation, a couple living separately can still negotiate a separation agreement between them to cover the time they wait for a divorce. Legal separation can also be a trigger for the opening of custody proceedings. Once parents move into separate apartments, it may be necessary to establish custody of the children. This could require legal action or be regulated in agreements between the parties. Because child custody is usually such a difficult stressor between parents, it`s important to talk to a lawyer about your case. Determining the date of separation is also important because you must be separated for a year to get a divorce due to an irremediable breakdown. At the latest, the date you provide your spouse with divorce papers is the date on which the one-year separation period begins.
If you can prove that you have already lived separately, then that`s fine – the filing date is only the last possible day. If you and your spouse are considering a legal separation in PENNSYLVANIA, you might have a lot of questions. As an experienced separation attorney in Pittsburgh, Anthony Piccirilli understands how complicated this process can be for couples. They can provide advice and support to spouses who wish to draft a separation agreement. If you need a separation attorney, call Pittsburgh Divorce & Family Law, LLC today at (412) 471-5100 to schedule a free initial consultation. Remember that before filing a divorce action, it is possible to “reverse” the date of separation by your actions, for example, by resuming conjugal relations. This kind of behavior, and any other attempt that can be interpreted as reconciliation, no matter how temporary, can create a new, later separation date. Under Pennsylvania law, the date of separation is described as “the cessation of cohabitation, whether or not one lives in the same residence.” This is a somewhat vague definition that leads to a thorough fact-based analysis when the court has to decide this issue. If you are considering a divorce or if you and your spouse have started living apart, talk to a lawyer. There may be ways to divorce faster, or at least to anchor your legal separation and its effects more firmly.
For a free consultation about your divorce or separation, contact Sadek and Cooper`s lawyers today at 215-814-0395. The date of separation is also extremely important in deciding how property will be distributed during a divorce. In general, everything the couple acquires between the date of marriage and the date of separation is part of “matrimonial property” and is divided between the spouses when they divorce. Everything that is acquired before marriage or after separation belongs to individuals. This means that the date of separation is the deadline for matrimonial property. For this reason, it is often wise to set fixed parameters for the treatment of property and to agree on the date of separation with “separation agreements” or “post-marital agreements”. A separation agreement can be reached quickly and easily if the couple can agree on terms related to custody and alimony, asset sharing and maintenance. Regardless of whether you can agree to both conditions, you should seek the help of an experienced separation lawyer to execute the document. A lawyer will make sure you have included all the relevant details and will allow for an overall smooth legal process.
The date of separation is particularly important under Pennsylvania law for divorces without consent, as there is a two-year period that must elapse before a party can obtain a unilateral divorce “through no fault of its own” without the consent of the other spouse. In Pennsylvania, a separation agreement is a legally binding civil contract between spouses in which they can resolve issues such as division of property, debts, custody, spousal and child benefits at the time they separate or at the time they agree that the “separation” takes place/has taken place. While a judge in Pennsylvania can`t ask you to pay support for your child in college to cover their tuition/living expenses, a separation agreement allows you to make arrangements for college fees, and it becomes a binding and enforceable contract that the court can require of each of you. Since college these days is less a luxury than a necessity, it would be a good idea to determine if you want to provide your child/children`s college education in writing.