Persons considering ending their marriage through the divorce process may also consider marriage counseling, legal separation (in states that recognize such a status), annulment (in limited circumstances), and living apart. Each of these alternatives may have financial and other consequences.
In Pennsylvania, individuals contemplating divorce have several alternatives to consider. Marriage counseling is often a first step for couples trying to resolve their issues before deciding to end their marriage. Legal separation is not formally recognized in Pennsylvania as it is in some other states; however, couples may live separately and enter into a separation agreement that outlines the terms of their separation, including financial arrangements and child custody. Annulment is available under limited circumstances where the marriage is considered legally invalid due to factors such as bigamy, incest, fraud, coercion, or mental incapacity at the time of marriage. Living apart without formalizing the separation can also have implications, particularly related to marital property and debts, as Pennsylvania is an equitable distribution state. Each of these options can have significant financial and legal consequences, and it is advisable to consult with an attorney to understand the implications fully.