When Things Do Not Work Out, Get Separated Legally
Maybe you and your spouse have decided to “take a break” from your marriage, but are not ready yet to call it quits. Doing so without a separation agreement can backfire if you have marital assets. The legal separation is needed to make things official. It will ensure that both parties are keeping their end of any agreement(s) with regard to assets, income, expenses, household payments, automobile payments, and other things. Children are another important reason to choose legal separation because the parents must know and understand custodial responsibilities, child support, alimony obligations, and other arrangements when children are involved.
Basically, the purpose of a legal separation agreement in Pennsylvania (PA) is to properly divide any assets or debts that you and your significant other have acquired during your marriage. The agreement can also deal with custodial rights, custodial time, and custodial duties, if there are any minors involved in the relationship. The “Date of Separation” is a critical date when dividing the assets and debts during a divorce. There are scenarios where one spouse accumulates debt during a period of separation, that debt would be solely that individual’s responsibility in the final divorce, but instead, they may disingenuously lure the other spouse into “reconciliation.” If reconciliation were to be successful, the innocent spouse may then find that they have become responsible for some of this new debt. This is but one possible result and the message here is that you should absolutely consult with a knowledgeable family law attorney who can properly advise you about your rights and options under the law, BEFORE making a potentially costly error.
The Law Officess of Gregory P. LaMonaca, P.C. will help you draft a separation agreement and can help with mediation or other issues in disputes as they arise. We will make sure that this difficult time in your life is handled properly from a legal standpoint.