In Pennsylvania divorce law, “separation” has a specific legal meaning that is more nuanced than most people expect. It does not simply mean that spouses have stopped living together, though that is one way it can occur. Several different circumstances can constitute legal separation for purposes of pursuing a divorce.
Our experienced Pittsburgh divorce attorney at The Law Offices of Dawn K. Gull can help you determine whether separation has taken place in your situation and what your next steps should be.
If You and Your Spouse Agree on the Divorce
Most divorces in Pittsburgh and throughout Pennsylvania are no-fault, meaning both spouses agree that the marriage has broken down irretrievably. Pennsylvania does impose a mandatory 90-day waiting period under 23 Pa.C.S. § 3301(c), which begins once the divorce complaint is filed and served on the other spouse before a divorce decree can be issued.
Neither spouse is required to move out or live separately during this time. Couples typically use the 90 days to negotiate the terms of their divorce, including property division, custody, and support, though many need considerably more time to finalize those details.
If You Want a Divorce and Your Spouse Does Not
When only one spouse wants to end the marriage, a one-year separation requirement applies under 23 Pa.C.S. § 3301(d). This is called a non-consented divorce, and it requires you and your spouse to live separately and apart for a full year before the court will grant the divorce.
Importantly, separate and apart does not necessarily mean separate addresses. Pennsylvania courts recognize that spouses sometimes continue living under the same roof while separated. Separation can be established in several ways, including:
- You or your spouse tells the other that you want a divorce
- A Divorce Complaint is filed and served on you or your spouse
- You or your spouse moves out
Because establishing the official start date of your separation matters for finalizing your divorce, consulting an attorney as early as possible is strongly advisable. Legal guidance is important both for understanding what steps to take and what to avoid after separation has occurred, whether you have taken one of the steps above or one of them has been taken against you.
If Your Divorce Is Fault-Based
Fault-based divorce is far less common in Pennsylvania and requires the filing spouse to prove that the other’s misconduct caused the breakdown of the marriage. Grounds include adultery, cruelty, and desertion. There is no separation requirement for fault-based cases, though these divorces typically require a court hearing to present evidence of fault.
It is worth noting that Pennsylvania law actively disfavors fault-based proceedings. Once the grounds for a no-fault divorce have been met, such as living separately and apart as defined under the divorce code for at least one year, the court is required to issue a no-fault divorce decree.
Our Experienced Pittsburgh Divorce Lawyer Is on Your Side
Dawn Gull is our trusted Pittsburgh divorce attorney at The Law Offices of Dawn K. Gull, and she is committed to guiding your case forward toward a resolution that protects your rights and your future. Contact us online or give our firm a call at 412-440-5718 today.