How can I File for Separation?

Rather than a divorce, many couples choose a separation. By separating, the couple is still legally married and can decide to divorce later. While separated, the couple is usually still connected through financial responsibilities and their children.

Some states allow legal separations and handle alimony, child supportchild custody, and the division of marital assets. One of the main reasons for choosing a legal separation is to keep the family together for the children, health insurance benefits, or for religious reasons. However, legal separations are not available in every state, including Pennsylvania. Instead, couples can enter into a trial separation or permanent agreement.

In trial separations, the spouses take a break while thinking about reconciliation or divorce. An informal agreement about child visitation and access to the joint checking account can be put together for the couple. A permanent separation agreement is a bit more involved; it means that neither party will be entitled to the other’s income or property or is responsible for their debts.

Should I Implement a Separation Agreement?

It is not required to execute separation agreements in Pennsylvania, but it is recommended, especially when the couple shares children, debt, property, and support claims.

Although some couples may try to write up their own separation agreement, it is best to seek out the services of a trusted family law attorney. Both spouses can contribute to a draft but will also want to ensure that their legal rights are protected. Negotiating back and forth with an objective professional can lead to a permanent separation agreement that works best for everyone.

 How Should a Separation Agreement be Drafted?

Support claims, child custody, and property issues are the three main categories that need to be covered in a separation agreement. Spousal support will depend on different factors, such as if one spouse had sacrificed a career to care for the family or was accustomed to a certain living standard while married. Unlike alimony, child support may be mandatory, and Pennsylvania has strict guidelines that will apply. Custody and visitation can also be in the separation agreement and should always be based on the children’s best interests. As for the division of property, it is common for one spouse to live in the home after the other moves out. Payments of rent or mortgage and shared possessions will also need to be worked out.

A benefit of a separation agreement is that a couple still has the option to reconciliate or divorce later. If one is thinking about a separation or divorce, they should contact a knowledgeable family law attorney to start the process.

Delaware County Family Law Attorneys at the Law Office of Deborah M. Truscello Help Clients with Divorce and Separation Agreements

An attorney can help with a separation or divorce. If you need help with filing for a separation or divorce, a Delaware County family law attorney at the Law Office of Deborah M. Truscello can assist. Complete our online form or call us at (610) 892-4940 for a free consultation. We have an office in Media, Pennsylvania, and we serve clients throughout Bucks County, Chester County, Delaware County, Lancaster, Montgomery County, Norristown, Philadelphia, Reading, and West Chester, Pennsylvania.

Contact the Law Office of Deborah M. Truscello

To discuss your case in a free, confidential consultation with attorney Deborah M. Truscello, Esq., call or fill out the form below. 

From our office located in Media, PA we serve the surrounding areas of

  • Bucks County
  • Chester County
  • Delaware County
  • Montgomery County
  • Philadelphia County
Including but not limited to
  • Allentown
  • Lancaster
  • Reading
  • West Chester

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Reasonable Rates & Fees

For Personal Injury, Workers’ Compensation and Social Security Disability cases, we have a contingency fee based on a percentage of what we obtain for you. We will not charge you any fee unless and until we settle your case, prevent the loss of your benefits or obtain benefits for you. 

For Family Law clients, we understand that financial difficulties often accompany divorce and other family law issues. Ask us about our reasonable and competitive hourly rates for your situation. 

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testimonials

Why Clients Choose Deborah

Heather A
2023-03-01
I have known Deb for years now and it all started in 2009 when I got hurt and needed legal help with my workers comp. I randomly chose Deb because of the things I read on her website and I liked that she had a take charge attitude about just about everything. She out-lawyered someone and got me more in a settlement for that and then also worked with me on another case and won that one as well for me. If you get to know Deb and her personal story, you will get to know an amazing single mom who has had her own struggles and has come out so much stronger. She will fight for you if you do your part as a client and follow her guidance. I have now used two women lawyers in Media and three men and I actually found the two women far more effective and both won my cases that the men lost. Without Deb and my other lawyer winning the cases for me that they did - I could have found myself disabled for good with no money to pay for the life I live because I can’t work now. I credit my ability to be able to eat and have transportation and all. I couldn’t be more grateful for their hard work they did for me. Deb has won two of my cases and I would absolutely refer others to her for the same kinds of cases and I would use her again if I ever needed her help again!
Daveen Carpenter
2019-10-08
Deborah's team went above and beyond to get my case settled quickly. I am forever grateful
Rebecca Porter
2019-09-24
If you ever need a worker’s compensation attorney, I highly suggest using Deborah Truscello. I had a work accident injury and was referred to Deborah. She was with me every step of the way, with this long-drawn-out process. She was there any time I had questions or needed advice on my rehabilitation. Now my case is settled. I am very happy how things turned out and I owe it all to her. I can't thank her enough. I will use her again if I ever need too.
Jackson Jones
2019-09-01
Deborah is an excellent lawyer. She was professional, knowledgeable, and made me and my case feel important. She was always accessible and answered all of my questions. I would definitely recommend Debbie to anyone injured at work and in need of legal services.
K M
2019-05-18
I am a client of Deborah Truscello and also a woman of color. Deborah Truscello is not a bigot nor is she a racist. I hired Ms. Truscello back in 2016 for a very nasty custody case against a crazy man who has a history of dragging all his children through the court system. Ms. Truscello has been nothing but professional and well organized. She is very reliable and always available. I could contact her any time of the day or night and she is always responsive to my text messages, calls, and emails. If you are considering hiring her as your attorney I highly recommend you schedule a consultation and see for yourself you will not be disappointed.
Andrew Kriegh
2018-08-17
Amazing law firm, they have helped me so much and enlightened me to the options I have, and to the right doctors who are still treating my issues... Very professional and very great people glad to have her in my team!!
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