What Is A Separation Period And How Long Does It Need To Be?

In Pennsylvania, some couples must live separately from one another for a year prior to divorcing. The circumstances of each unique case, however, determine when this requirement applies. When it comes to protecting your rights throughout the divorce process, an important early move is consulting with an experienced Harrisburg divorce attorney at McDonald Meyers Law.

Pennsylvania’s One-Year Separation Requirement

When one spouse wants a divorce but the other does not, a one-year separation requirement applies in the State of Pennsylvania. The date that the couple begins living separate and apart from one another starts the clock, and the divorce cannot be finalized until the one-year separation has been completed. The basics include that the filing spouse declares the marriage irretrievably broken while the other spouse refuses to proceed with divorce.

Living Separate and Apart

While living separate and apart is mandated, divorcing spouses are not required to have separate residences. Instead, the following must apply:

● Each spouse must live in a separate room of the house.

● The spouses must stop interacting as a married couple.

● The spouse seeking divorce must communicate their intent to divorce the other.

Generally, the date of separation also marks the date that any assets acquired continue to be classified as marital property.

Seeking a Divorce

Once the one-year separation period has elapsed, the spouse who intends to divorce can proceed with their filing. At this point, their spouse is likely to respond, and any terms that haven’t been negotiated can be resolved. The primary divorce terms include the fair division of marital property and spousal support. Further, if the couple shares minor children, child custody and child support will be addressed in conjunction with the divorce.

Fault-Based Divorce

Pennsylvania also awards divorces that are based on fault grounds. To obtain a fault-based divorce, the spouse seeking it must prove the other’s wrongdoing, which can be a tall order. Prime examples of fault include adultery, cruelty, and desertion.

Obtaining a divorce that is based on fault is likely to take longer, to cost more, and to be more emotionally fraught. When warranted, however, a fault-based divorce can also lead to improved terms for the filing spouse. In a fault-based divorce, there is no required waiting period, but these cases tend to be lengthy. 

Uncontested Divorce

When both spouses agree regarding the divorce, the case can be finalized 90 days after the non-filing spouse has been served with divorce papers. The divorce, however, can’t be granted until the applicable terms have been settled.

Discuss Your Case with an Experienced Harrisburg Divorce Lawyer Today

Allissa McDonald Myers is a trusted Harrisburg divorce attorney at McDonald Meyers Law who dedicates her impressive practice to efficiently guiding challenging cases toward optimal outcomes that protect our clients’ rights and best interests. We appreciate the opportunity to also serve you, so please don’t delay contacting us online or calling us at 717-799-8546 today.