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Philadelphia Family Lawyer > Blog > Family Law > Common Questions About Separation In Bucks County

Common Questions About Separation In Bucks County


Separation is something couples sometimes consider when they are experiencing difficulties in their marriage but are not yet ready to get a divorce. A separation can help each person determine if they want to work out their differences with their spouse, or if they want to officially dissolve their marriage. Pennsylvania is in the minority of states that do not recognize legal separation. Still, if you live in Bucks County and are interested in legal separation, below are the most common questions surrounding it, and the answers to them.

What are the Benefits of Separation?

People separate instead of obtaining an official divorce for many different reasons. Some people simply need time apart from their spouse to consider the issues they are facing, and how they can possibly resolve them. Others no longer want to live as a married couple, but also do not want to lose certain benefits, such as health insurance. In other cases still, some people no longer want to live with their spouse, but do not want to get a divorce for religious reasons.

What is the Difference Between Separation and Divorce?

When you divorce your spouse, you are no longer considered legally married. You can get remarried, but you will also have to make decisions on certain terms, such as the division of assets, child custody, and child support. If you separate from your spouse, you are still considered legally married. While you may still have to resolve some of the same issues with your spouse that you would in divorce, you will not have all of the same rights, such as to remarry.

How Can I Separate from My Spouse?

Again, Pennsylvania does not recognize legal separations. However, that does not mean it is not an option for you. You are legally allowed to move out of your home and live largely as a single person, even if you are married. Some people may do this for just a matter of days or weeks while things cool down at home. Still, other people may want to separate for longer and while that is possible, it is a little more involved.

If you wish to separate from your spouse for a significant period of time, you should draft a separation agreement. This agreement will work in the same way as a divorce decree, outlining the terms you have agreed to with your spouse. You cannot go to court to allow a judge to make a decision on these terms, since legal separation is not recognized. If you have a dispute in the future though, you may have to go to court to enforce the agreement. Due to this, you should always work with a lawyer that can draft the agreement for you and help you avoid disputes.

Call Our Family Lawyer in Bucks County Today

If you need to get a divorce or separation from your spouse, our Philadelphia family lawyer at the Law Offices of Lauren H. Kane can assist with your case. Call us today at 215-918-9453 or contact us online to schedule a consultation and to learn more about how we can help.

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