The following article was originally published in the "Ask the Attorney" column of the Green Tree Times. When couples undergo marital problems and begin to consider divorce, the decision to separate and the method of separating have long-lasting legal repercussions. This article is not meant to be a substitute for competent legal counsel because every legal scenario has unique facts and circumstances.

ASK THE ATTORNEY-- Green Tree Times

I’m often asked by clients to help them get a "legal" separation. They are bewildered when I inform them that Pennsylvania law doesn’t recognize such a thing. In Pennsylvania, you’re either single or married. There is no such separate legal status as legally separated.

The Separation Agreement
Nevertheless, individuals who are contemplating separation can protect their rights with a Separation Agreement. If properly prepared, a Separation Agreement is a legally binding document that can protect both parties during separation.

In many instances, people are unsure about their long-term goals. They don’t know, for example, if they really want to pursue a divorce. A Separation Agreement can help people prevent disputes in three main areas--custody, support and property division.

Custody
Visitation rights and child custodial arrangements may be set forth in a Separation Agreement. Rather than resorting to expensive litigation, the two parties can state their demands and, hopefully, reach a resolution by having a written Agreement. Often, however, there will be a separate custody consent order, signed by a Family Division Judge. No court hearing is required for this. Instead, one of the parents will hire a lawyer to prepare the Agreement and after both parties sign it, the Agreement is presented to a Judge for signing. This approach will create an enforceable custody order.

Support
If the parties are willing to exchange income information, then specific child and spousal support payments can be calculated using the Pennsylvania support guidelines. A qualified attorney can explain these guidelines, and help the dependent spouse obtain regular support payments through a Separation Agreement.

Division of Property
Frequently, a person will wish to leave the marital residence, but will need to take furniture or a vehicle with them. A Separation Agreement can force the parties to acknowledge that the taking of the furniture, for example, is only temporary until the parties resolve all their issues with a comprehensive property settlement.