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Pennsylvania law views people as either married or single. Rights
created by marriage can only be disposed of by divorce.
Although people may live in separate residences, both may be
fully responsible for all debts incurred while married. This
means that both may be responsible for 100% of the debt, not
just one-half. If a joint bill does not get paid, the creditor
will look to the party who has resources to pay, not just the
party who may have possession of the particular asset involved.
Separated spouses may also be responsible for the necessities
of the other. For example, a husband or wife may be responsible
for medical expenses of the other even though the parties have
been separated for a period of time.
A spouse may be legally required to support the other spouse
during a period of separation. The concept of spousal support
is dealt with much as child support, except that the independent
spouse may challenge the right of the dependent spouse to financial
assistance. A petition for spousal support and/or child support
may be filed without the assistance of an attorney at the Erie
County Support Office in the Erie County Court House. They will
schedule a hearing for you and you have the option of hiring
an attorney if you wish.
Absent a Court Order, both parties usually have the legal right
to continue to live at the marital residence. If one spouse is
physically or verbally abusive to the other spouse or the parties'
children, the Court may order the abusive spouse to leave the
marital home.
The repercussions of separation affect more than a husband
and wife. In the event the parties have children, provisions
must be made for custody and child support. The law
does not require that the parties litigate these issues, but
the Courts do provide a remedy if the parents cannot agree. Either
party may request Court hearings by the filing of the appropriate
documents.
For more information on custody, listen to Tel-Law message #1930.
For more information on support, listen to Tel-Law message #1940.
If you need an attorney and don't have one, the Lawyer Referral and Information Service can help.
Call Us Monday - Friday from 8:30 AM - Noon and 1:15 PM - 3:00 PM
at (814) 459-4411. |
