PLegal Separation in Bucks County & the Tri-County Area

Filing divorce & separation in Philadelphia County, Bucks County & Montgomery County

Divorce is the process of dissolving a marriage where assets and debts are divided as of the date of final separation. In every state, except New York, divorce is exclusively no fault and based only on the claim by one of the participants that there are irreconcilable differences. After filing for divorce and finalizing the process, the two spouses are free to re-marry.

Legal separation in the Tri-County Area

On the other hand, a legal separation in Philadelphia County, Bucks County or Montgomery County is an alternative to divorce, where both parties separate and a court rules on the division of assets. Thereafter, anything you acquire or a debt that you incur are yours and in no way affects your spouse. Although, a legal separation is now on file, it is not the same as a divorce and legally you are still married and are not free to remarry.

To file legal separation in Philadelphia Count, Bucks County or Montgomery County is not very common action. However, there are situations where spouses do not want to divorce for religious, financial, or personal reasons, but do want the certainty of a court order that states they are separated and addresses all the same issues that are decided in a divorce.

Separation agreements in Philadelphia County, Bucks County & Montgomery County

A separation agreement is a legal document signed by you and your spouse, which details such issues as living arrangements, child support, custody, visitation, and alimony. In some states, legal advice is required to make a separation agreement legally binding. Your divorce attorney makes an application to the court so that a judge can sign the agreement. If you come to an agreement with your spouse without making it court ordered, you have no legal protection if your spouse decides not to follow the agreement.

Advantages of a legal separation

Although a divorce and legal separation in Bucks County and the rest of the Tri-County area have many things in common, there are some advantages to obtaining a legal separation rather than a divorce. Those advantages include:

It allows couples time away from the marriage to decide if a divorce is what they truly want.
Health insurance coverage continues uninterrupted. However, divorcing in Bucks County, Philadelphia County or Montgomery County ends the health insurance coverage of a spouse residing there.
If you are married for 10 years or more, you can take advantage of the Social Security benefits of your spouse.
If the decision to divorce is made, the legal separation agreement is easily converted into a divorce settlement agreement.
If you pay spousal support, those payments are claimed as a deduction at tax time if the payments are part of the Bucks County legal separation agreement. If you are merely separated with no legal agreement, any monies that you give to your spouse cannot be deducted at tax time.

Filing divorce? Bucks County divorce firm Sandra W. Morris is waiting to hear from you.