Legal Separation in Pennsylvania
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In Pennsylvania, you can be either married or divorced. There is no such thing as a formal legal separation in Pennsylvania. However, the husband and wife can form a separation agreement which dictates the terms of separation regarding property division, child custody and child and spousal support.
This agreement is a legally binding document which protects the interests of both the parties and is notarized. The couple signs the separation agreement and divides the responsibilities and expenses as well as the debts and liabilities that they have acquired and accumulated over the years when they got married.
Separation Agreement in Pennsylvania:3
The separation agreement in Pennsylvania is prepared by a professional attorney, signed by both the husband and the wife, and notarized by the notary. It becomes legally binding after it is notarized and the couple is supposed to follow the arrangements as mentioned in the document.
There are few sections in this document which are important. These sections should be revised and reviewed carefully by a professional attorney as well as the spouses and then signed. If anything is not mentioned in the agreement, the other spouse can challenge it in the court if you proceed to the divorce case.
These sections are as follows:
The separation agreement in Pennsylvania is and can be effective for an indefinite period of time. You are bound to follow the court orders as per written in this agreement. Hence, do not sign this agreement if you feel that you are being treated unfairly. If you want to change some of the provisions, ask your attorney to do so. Taking the help and guidance of the professional attorney will make sure that you don't chalk down something which contradicts the state law. If such a thing happens, the whole agreement will have to be reviewed and it will be time consuming.
As Pennsylvania is a state which does not recognize the documentation for legal separation, you need to be extra careful while preparing a settlement agreement which decides your duties and responsibilities throughout your separation period until one of you files for divorce. Besides, mutual agreement on the terms of separation helps you to keep the court involvement at the minimum and your children do not face the adverse effects of your separation.
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