Pennsylvania Divorce Date of Separation

Dealing with the emotional and legal complexities of ending a marriage is often overwhelming, even if both parties agree to end it. The cost of divorcing, if there are assets and children involved without a prior prenuptial agreement, may cause the divorce to take longer than it normally might. Knowing the importance of the date of your legal separation in PA can help start your divorce process. If you are planning to divorce and there is contention, obtaining a Pennsylvania divorce attorney can help ease the process. 

Pennsylvania Divorce Date of Separation 

The date of separation and the date you officially state you want a divorce are usually different. The date of separation is often a significant factor in your divorce. In Pennsylvania, the date of separation is presumed to be when the Divorce Complaint is served; however, this date can be earlier or later from such service depending on various factors related to the married couple that are established under the law. 

The date of legal separation in PA is important when determining your marital assets. It may also be a consideration when determining spousal support/alimony pendente lite (and thus child support), as the court looks at many factors, including financial details, when determining the equitable division of assets. 

Establishing a Date of Legal Separation 

Every divorce case requires an equitable division of property, which is not necessarily an even split. However, this applies only to marital property. If you are separated and purchase property, such as a vehicle, the court could deem that as separate property. Thus, the date of separation is important. 

If you and your spouse cannot agree on the date of your legal separation in PA, the court will look at certain factors to determine a separation date, including: 

• The date one of you moved out of the home. 

• When you stopped sleeping together, when you stopped wearing wedding rings, telling people you are married, or otherwise stopped acting like a couple. 

• When you took separate legal or financial actions, for example, opening a separate bank account if you had a joint bank account. 

If you can’t agree on a date of separation and the court doesn’t have enough evidence to make a determination for a specific date, it will likely presume the date the defendant is served the Divorce Complaint as your date of separation. 

The Divorce Process in Pennsylvania 

Each step in the divorce process has strict deadlines, including serving your spouse after filing the initial documents. To start the divorce process, you must complete a Notice to Defend and the Divorce Complaint and serve it on your spouse within thirty (30) days once it’s filed with the court. 

Uncontested Divorce 

Once you serve the initial documents, you must wait 90 days from the date of service before filing additional documents required to advance the divorce. If you agree to the divorce, each party can file an Affidavit of Consents and a Waiver of Notice. If a party fails to file a Wavier of Notice. If a party fails to file a Waiver of Notice of Intention to file the Praecipe, You must wait an additional 20 days to file the Praecipe. 

If you file such proper paperwork, and there is agreement on how to resolve the economic issues in the divorce, you can file a Praecipe to Transmit Record and have the file for to court for entry of a Divorce Decree. 

Contested Divorce 

If you are seeking a contested divorce, you must be separated for the applicable period of time. If you separated after Dec. 5, 2016, you need to be “living separate and apart from your spouse” for one year prior to filing for divorce. If you were separated prior to Dec. 5, 2016, you need to be separated for two years prior to filing for divorce. 

You will need to file an Affidavit stating, among other things, your separation date and the other party has the ability to file their affidavit stating their proposed date of separation. If there is a disputed date of separation, the court will hold an evidentiary hearing on this issue. Once the initial steps have been completed, your spouse may respond to the complaint, and you both must complete the additional steps, including the filing of financial information and an inventory and appraisement of the marital estate. 

You can allege specific fault grounds or, alternatively, allege irreconcilable differences if you don’t want the reason for your divorce to become public. 

Why Work with Cordell & Cordell 

Even when you agree to divorce, you must settle several issues, including alimony and division of assets and liabilities. Divorce lawyers at Cordell & Cordell have experience in Pennsylvania divorce law and can guide you through the process. 

Client Experience 

“​[My attorneys] have been great over the 4 years of my case. The support I have received from the firm over the duration of my case has been outstanding. [My attorneys] treated me as a person and not just as another case. I felt they were concerned about the issues I was personally facing and that meant a lot to me. Thank you! Because of this, I will definitely recommend Cordell & Cordell to anyone I know going through a similar situation.” – Brian H. 

“You all were extremely knowledgeable and on top of things. It was an amazing experience for what it was.” — Benjamin T. 

Pittsburgh and Philadelphia Family Law Attorneys 

Cordell & Cordell is a national law firm that guides men through various family law issues. Contact our team today at 866-DADS-LAW or fill out our online contact form to schedule an initial consultation about your legal separation case. 

Disclaimer: This page serves as a resource and is not to be taken as legal advice. 

How Do You File for Legal Separation in Pennsylvania? 

While Pennsylvania laws do not recognize the term “legally separated,” it does require you to live “separate and apart” for at least one year prior to filing for divorce. This means that you can live in the marital home as long as you are living separate lives as roommates, not as a married couple. 

You can file a separation agreement, or you can agree to a separation date. If you can’t agree to a separation date, the court will try to decide on the date based on the facts of your case and your actions, with the presumed date being the day the defendant was served the divorce papers. 

How Long Does a Divorce Usually Take in Pennsylvania? 

The minimum amount of time for divorce proceedings in Pennsylvania is over 90 days. From the time of service to the time the court allows a final hearing, it includes a 90-day waiting period. If the divorce is contested, it usually takes longer – and can take up to two years, including the separation time. 

What Is a Postnuptial Agreement? 

A postnuptial agreement is signed after you get married. It is common to sign a postnuptial agreement if the parties want to protect certain assets, for example, if one of the parties receives an inheritance or significant gift. The agreement spells out how you will divide your assets if one of you files for divorce or you agree to get divorced, the agreement can also control whether there is alimony, as well as its duration and amount. 

It can also be used to provide for a spouse who stays home to take care of kids, be a homemaker, or assign ownership of a business. You typically cannot use a postnuptial agreement in a divorce case to address child custody and child support issues, although a postnuptial agreement may be able to eventually control ultimate outcomes in your separate custody or support cases.