Can You Move out Before You Are Legally Separated in Pennsylvania?

by Wayne Thomas
The date of separation in Pennsylvania is the date that the parties begin living “separate and apart.”

The date of separation in Pennsylvania is the date that the parties begin living “separate and apart.”

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Living together is a fundamental part of most marriages. In Pennsylvania, the act of moving out can be an important step in getting on with your life and establishing the appropriate grounds for divorce. You can begin maintaining a separate residence at any time, without first obtaining a court order granting you a legal separation.

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Separation Requirement

Pennsylvania does not recognize legal separation. This means that you need not go to court before you and your spouse start living separate and apart for the purposes of divorce. Further, a specific separation period is only required If you plan to file on the no-fault ground that the marriage has suffered an irretrievable breakdown. Other grounds, such as mutual consent, adultery and extreme cruelty, do not require that spouses live separate and apart before filing.