In Pennsylvania, a legal separation follows the same essential process as a divorce. However, the couple is still legally married. The couple must make the same decisions as they would if the process were a divorce. Some couples may use the legal separation agreement when they file for a divorce. A Separation Law Attorney in Stroudsburg PA guides couples through the process.
Child Custody and Support Arrangements
Child custody must be determined in the separation agreement. The most ideal solution is to choose joint custody. The arrangement provides each parent with the same amount of time with the child. It also gives the parents the same decision making power.
Child support payments are paid in most cases. Typically, the payments are based on the income of each parent and provide adequate financial support for the child. The parent that has physical custody of the child is considered the custodial parent and receives the support payments.
Dividing Marital Property
The marital property must be divided equally. The couple must determine who receives each asset accumulated throughout the marriage. The discovery process establishes which assets each party has when the divorce starts. Any hidden marital assets are included in the settlement.
Spousal Support Payments
Spousal support payments are either permanent or temporary based on the spouse’s needs. The alimony payments will not exceed more than 60 percent of the spouse’s income. They are awarded according to the requesting spouse’s earning capacity.
Debts and Taxes
All debts are managed according to each spouse’s income and who started the account. Typically, the debts are assigned to the account holder, and all joint accounts are divided among each party.
The separation agreement determines which party can claim the children on their taxes. It also defines who pays any overdue tax payments that are due before the separation occurs.
In Pennsylvania, a legal separation provides couples with the same rights as a divorce. However, the couple remains married until they determine a divorce is necessary. Couples that need more answers contact a Separation Law Attorney in Stroudsburg PA directly for an appointment or learn more about us right now.
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