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Living Separate and Apart C.S. 3103 defines separate and apart as [c]essation of cohabitation, whether living in the same residence or not. This means that you can be legally separated, but still live in the same house.
There is a One-Year Waiting Period For Filing for a No-Fault Divorce. If a couple is seeking a divorce without establishing grounds for fault (discussed further below), then Pennsylvania law imposes a one-year waiting period from the time of separation before either spouse can file for divorce.
According to Pennsylvania Divorce Code, the date of separation is the date upon which the parties are living separate and apart. By definition separate and apart is the cessation of cohabitation, whether living in the same residence or not.
According to Pennsylvania Divorce Code, the date of separation is the date upon which the parties are living separate and apart. By definition separate and apart is the cessation of cohabitation, whether living in the same residence or not.
Under Section 3103 of the Pennsylvania Divorce Code, the term separate and apart means a cessation of cohabitation, whether living in the same residence or not. While it seems counterintuitive that a married couple can live separate and apart in the same home, it is quite common.
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Pennsylvania is a state that has no formal process for what is commonly called legal separation. If a couple wants to get a court order to end their marriage, then they have to be eligible for and obtain a divorce.
Specifically, with some exceptions, a court may need evidence that a couple has lived apart for 12 months, and thus are legally separated, before the court will have authority to grant a divorce and enter appropriate final orders.
To obtain a no-fault divorce, you and your spouse must have been separated for two years before filing or you both must consent to the divorce. Additionally, a judge wont grant your no-fault divorce right away. Once youve filed your case, there is a 90-day waiting period before your divorce can be finalized.
In Pennsylvania, there is no legal separation. In other words, there is no formal process or court order required to be considered separated in Pennsylvania.
In fact, there is no divorce circumstance in Pennsylvania where a marriage is automatically terminated after the passage of a period of time. The one year separation period, however, is important. After spouses have been separated for a year, one spouse may ask the Court to grant their divorce.