Before a married couple files for divorce, they usually have a period of separation. In divorce proceedings, “separation” occurs when spouses live “separate and apart” outside the marital relationship. Although a separated couple does not have to live in separate residences, they must stop acting as a single-family unit for personal or financial purposes, such as by sleeping in separate bedrooms and ceasing holding themselves out publicly as a married couple.
However, Pennsylvania law does not recognize a formal process for a married couple to become “separated,” although couples can sign a private separation agreement. Instead, courts will look at the totality of the circumstances of a couple’s living situation to determine if they have lived “separate and apart.”
Separation Requirements for Divorce
In Pennsylvania, when a spouse files for divorce claiming an irretrievable breakdown of the marriage, and there is no consent to the divorce, the couple must have lived separate and apart for at least one year if the separation occurred on or after December 5, 2016, or two years if the separation occurred before December 5, 2016, before the couple may proceed through the divorce process. The law presumes that a couple’s separation begins when a spouse files a divorce complaint, although the spouse can present evidence of an earlier separation.
Alternatively, if they consent to the divorce, both spouses may file affidavits of consent to divorce 90 days after filing the divorce complaint, which will significantly speed up the divorce process.
Special Circumstances
The date of separation plays a critical role in determining the extent of the marital estate for equitable division. When a couple separates, the marital estate may stop accruing assets. As a result, a couple may want to stipulate the date of their separation for purposes of their divorce.
Contact a Divorce Attorney Today
Contact The Law Offices of Dawn K. Gull today for an initial consultation with experienced family law attorney Dawn K. Gull to learn more about separation requirements and other prerequisites to getting divorced in Pennsylvania.