Law Office of Joanne Kleiner

separation

Jan 18

Why Some Couples Legally Separate

Divorce vs. Separation

Approximately 87 percent of married couples that separate eventually divorce. When a married couple separates, they decide to live apart without necessarily dissolving the marriage at that point. Couples may have an informal or trial separation to live separately while deciding if divorce may be an appropriate option, while others part ways with the full intent to make their departure legal by divorcing.

How Do Married Couples Separate Legally?

Legal separation is an official order issued by a court that describes the duties of both parties while they are separated but still legally married. To begin the process of legal separation, one party must file legal separation papers at a local courthouse. Couples who wish to file for divorce are generally not required to file a legal separation first. Once a couple has decided they will never reconcile, their separation is termed a permanent separation. Parties who wish to separate should each contact a trustworthy Pennsylvania divorce attorney to discuss the legal separation process more thoroughly and to properly file the required paperwork in court.

Similarities Between Legal Separation and Divorce

In most cases, a separation will have little legal impact. However, legal separation can bear some similarity to divorce. Similar to in a divorce case, when making determinations in a legal separation case, the court decides matters concerning property division, child custody and visitation, and maintenance. In legal separation cases, the court determines the amount spouses will receive in maintenance payments that are similar to alimony. The court also decides how much parents will pay in child support during the separation. Prior to separating, each party should obtain his or her own legal counsel. Legal separation proceedings generally involve the same critical matters couples are required to address during a divorce. Therefore, both parties should enlist the help of an attorney to ensure their needs and desires are represented throughout the legal separation proceedings.

Differences Between Legal Separation and Divorce

One major distinction between legal separation and divorce is that divorce legally dissolves a marriage. Dissolving the marriage may be an advantage to couples who simply wish to legally go their own separate ways entirely. However, some parties may find legal separation advantageous because the process allows one or both parties to retain certain legal rights and economic benefits. Legal separation allows one party to continue to be covered by his or her spouse’s health insurance and social security benefits. Neither party may legally remarry during a legal separation as they remain married as a matter of law. Spouses who are legally separated remain each other’s next of kin. Therefore, they may continue to make medical and financial decisions for each other. Spouses may be responsible for each other’s debts and liabilities during a legal separation, whereas these matters would otherwise be settled during divorce proceedings. Marital property rights also remain intact if a couple is legally separated. Therefore, each party retains rights to one another’s property in the event of the death of one of the spouses.

Permanent Separation Representation in Jenkintown

If a couple separates and decides not to reconcile, their separation becomes permanent. In most states, property and debts acquired after a permanent separation are typically viewed as unshared by the separated couple. An exception may exist for debts and properties either party acquires for the purpose of being used by the two parties’ shared family necessities. Examples of family debts may include house payments, household maintenance expenses, and childcare expenses. Unlike a permanent separation, property and debts acquired during a trial separation are generally viewed as jointly owned. A trial separation is distinguished from a permanent separation by the absence of a formal decision for the couple to remain apart. The lines between a permanent separation and trial separation period may become blurred in some cases. Therefore, couples are urged to consult a Pennsylvania divorce lawyer when considering a legal separation in PA.

Contact a Pennsylvania Divorce Lawyer

If you are considering filing for a legal separation in PA, our staff is available to serve you during your critical time of transition. Our attorney understands the delicate nature of divorce and separation. Therefore, we handle each case to the best of our ability with our clients’ needs in mind. Call the Law Office of Joanne Kleiner in Jenkintown at (215) 886-1266 to receive a case evaluation free of charge.

Sep 15, 2010

Children Are Often the Victims in a Divorce

Children, especially young children, often believe a divorce is their fault. Parents involved in a divorce can find themselves focusing only on themselves, and forget that their children may be confused, hurt and scared.

Take the time to talk to your children, reassure them that everything is fine and that regardless of any differences between you and your spouse, both of you still love them. Some additional steps you can take to ease the prospect of a divorce on children:

  1. Take the time to explain to your children that any problems you and your spouse may be having are not their fault. Sometimes, a good approach is to explain to your children that people may sometimes have differences of opinion, and in some cases those differences just cannot be worked out.
  2. Do not argue or fight in front of the children. Remember, children are not deaf, they can hear, even behind closed doors, if the volume of the conversation is high enough.
  3. Do not bad-mouth your spouse in front of your children. Remember, he or she is still their parent too, and your children love both of you.
  4. Do not make your children take sides; they may resent you for that. They will also feel that they are being disloyal to you by continuing to love their other parent, and it is confusing to them.
  5. Never use your children as messengers or “go-betweens”.
  6. Constantly reinforce that everything will be all right, especially if the children are young.
  7. Make sure you don’t ignore your children. They need to know that their routines are not being affected (to the extent that is possible). In addition, any extra attention both of you can give to your children will help alleviate any fears they may have.

For divorces involving children, we suggest considering utilizing the collaborative law process for your divorce.

Collaborative law may provide you with an acceptable alternative to stressful litigation. The collaborative law process is premised on the parties working together to resolve conflict. The collaborative process encourages the parties to work together, with their attorneys, toward a mutual agreement that everyone can live with.

The collaborative law process is typically less stressful on children, gives you more control over the terms of the divorce, and is less emotionally taxing on you.

At Joanne E. Kleiner & Associates, Ms. Kleiner is a family law attorney and divorce lawyer who brings more than 25 years experience in family law and divorce to the table, including collaborative law experience. She is uniquely qualified to help you understand your options, properly advise you and help you achieve your goals. To discuss your divorce or family law matter in confidence with an experienced lawyer, please call Ms. Kleiner at 215-886-1266, or fill out our online intake form.