This is a somewhat vague definition that leads to a thorough fact-based analysis when the court has to rule on this issue. When negotiating your agreement, you should be guided by how a court is likely to divide your property, award custody and child support, and deal with other issues. After all, just because you`re separated doesn`t mean your relationship is over. In the eyes of the law, you are either “single”, “married” or “divorced”. This means that you cannot remarry while you are separated and you must first get a final divorce decision. In addition, there may be tax and financial implications of your separation without legal dissolution that can help you investigate. Since separation is not equal to divorce, there is always an option to end the separation and return to your status as a couple – which is much easier from a state of separation than after a divorce. Adam H. Tanker is an attorney with the law firm of MacElree Harvey, Ltd. in the Doylestown office. Adam focuses his practice on all aspects of family law, including spousal/support, divorce, equitable distribution, marriage agreements, child custody and custody. Contact Adam at (215) 309-4021 or [email protected]. The date of separation is especially important under Pennsylvania law in the case of divorce without consent, because there is a two-year period that must elapse before one party can obtain an “innocent” unilateral divorce without the consent of the other spouse.
However, if you and your spouse decide to leave on your own, you can turn to different online services like Rocket Lawyer to get forms for a separation agreement or a transaction agreement. The most important factor is determining when a couple ceases to act as husband and wife. A spouse`s intention to break off the conjugal relationship must be clearly manifested and communicated to the other spouse before the spouses can begin to live “separately and separately”. Therefore, a separation may occur when one spouse leaves the marital residence without the intention of returning or when one spouse clearly indicates to the other his or her intention to end the marriage. Remember that before filing a divorce application, it is possible to “go back” on the date of separation by your acts, for example. B by the resumption of conjugal relations. This type of behavior and any other attempts that can be interpreted as reconciliation, no matter how temporary, can create a new later separation date.. . . .