Legal Question in Family Law in Pennsylvania
Separation and Financial Situation
My husband and I have a house and he wants to file divorce and move out. When we separate, is this automatically consider legal separation, or do we have to sign paperwork to file for legal separaiton. I am also unsure about the financial situation that comes with legal situation. How are we going to split up the mortage, insurance, income, and retirment plan. He earns more money than I do, and I am especially concerned about the mortage, since I want to stay in the house and remain in PA.
1 Answer from Attorneys
Re: Separation and Financial Situation
Well there is no such thing as a legal separation in Pennsylvania.
From the time you begin to live separately till you can actually get a divorce based on being separated is 2 years.
Alternatively, if you get a divorce by consent. You can file affidavits of consent 90 days after you file the divorce papers. Much quicker but both parties must agree.
As to the financial situation, unless you as part of the divorce add a count for equitable distribution the court will not address them as part of the divorce.
Given that you have a house and other assets it would be advisable to sit down with an attorney and review you situation.
If you have any questions feel free to contact me. The initial consultation is free.
{John}