We are living in the same house and are separated. We cannot afford a divorce but i would like to get some protection because he drinks and drives. Would a legal separation protect me.
Pennsylvania doesn't have "legal separation." Either you have a divorce filed or you don't.
In addition to what Attorney Thomas stated, you may not have any personal liability, but you could still be affected if some of your husband's assets are forfeited or subject to a judgment, as a result of his problems. If you are serious about asset protection, you need to meet with an estate planning attorney and find out what you can do to protect yourself. Your task will be that much more complicated if your assets are jointly held and your husband refuses to work with you on this.
I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in the subject area in your state. The law changes frequently and varies from state to state.
Contrary to what many people (including yourself) may think, there is no such thing as "legal separation" under the laws of the Commonwealth of Pennsylvania.
If you cannot afford a divorce, what type of protection are you looking for? And are you sure that there aren't more problems between you and husband than his "drinking and driving"?
As my colleague has correctly noted, either you have a divorce filed and in process or not. It's that simple. My advice: Do yourself a favor. Please find and talk to a competent divorce attorney. If money is a problem, find one who will give you a free initial consultation, or, better still, call the Philadelphia Bar Association Lawyer Referral Service. You might even try the Legal Clinic at Temple's Beasley School of Law. Find out your options and rights. Then, go ahead and do right by yourself.
You deserve it.
The materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. You should contact your attorney to obtain advice with respect to any particular issue or problem. Use of and access to this Web site or any of the e-mail links contained within the site do not create an attorney-client relationship between Flood and Masiuk, LLC and the user or browser. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney.
Sign up to receive a 10-part series of useful information and legal advice about the divorce process.
Our Rating is calculated using information the lawyer has included on their profile in addition to the information we collect from state bar associations and other organizations that license legal professionals. Attorneys who claim their profiles and provide Avvo with more information tend to have a higher rating than those who do not.What determines Avvo Rating?Experience & background
Years licensed, work experience, educationLegal community recognition
Peer endorsements, associations, awardsLegal thought leadership
Publications, speaking engagementsDiscipline