When a married couple decides to end their marriage, there are two options available to them in Pennsylvania: divorce and legal separation. Although both options involve the end of a marriage, there are significant differences between the two. In this article, we will highlight the differences between Pennsylvania divorce and legal separation.
Pennsylvania Divorce
A divorce, also known as dissolution of marriage, is a legal process that permanently terminates a marriage. In order to obtain a divorce in Pennsylvania, one or both parties must file a complaint for divorce with the court. The complaint must state the grounds for divorce, which can be either fault or no-fault.
Fault Grounds
Pennsylvania recognizes the following fault grounds for divorce:
- Adultery
- Desertion
- Cruel and barbarous treatment
- Bigamy
- Incarceration for a crime
- Indignities
The person seeking the divorce must prove to the court that their spouse committed one of these acts that led to the breakdown of the marriage.
No-Fault Grounds
Pennsylvania also recognizes no-fault grounds for divorce. These include:
- Mutual consent: Both parties agree to the divorce and have filed an affidavit of consent
- Irretrievable breakdown: The marriage is irretrievably broken and both parties have lived separate and apart for at least one year
In a divorce, the court will divide the marital property and debts, determine child custody and support (if applicable), and may award alimony. Once the divorce is final, both parties are free to remarry.
Legal Separation
A legal separation is a court order that allows a married couple to live separately, but remain legally married. In order to obtain a legal separation in Pennsylvania, one or both parties must file a petition for legal separation with the court.
Grounds
Pennsylvania does not require grounds for a legal separation. Either party can seek a legal separation at any time if they believe it is in their best interest. However, if both parties agree to pursue a legal separation, they can file a consent decree of separation with the court.
Effect
A legal separation does not end the marriage, but it does provide legal protection for both parties. The court can issue orders relating to child custody and support, spousal support, and the division of assets and debts. However, unlike a divorce, the court cannot grant a legal separation based on fault grounds.
Benefits
There are several benefits to obtaining a legal separation instead of a divorce. For example, if a couple has been married for less than 10 years, they may not be eligible for Social Security benefits based on their spouse’s work record if they divorce. However, if they are legally separated, they may still be eligible for these benefits.
Additionally, some couples choose legal separation for religious or cultural reasons. They may not be comfortable divorcing, but they need to live separately for personal reasons.
Conclusion
In conclusion, Pennsylvania divorce and legal separation are two distinct legal processes. A divorce permanently terminates a marriage and allows both parties to remarry. A legal separation allows a couple to live separately, but remain legally married. It provides legal protections and the ability to obtain orders for child custody, support, and asset division. Whether a couple chooses divorce or legal separation depends on their unique circumstances and needs.