Skip to main content
(866) 465-5395 Schedule a Consultation (866) 465-5395 Schedule a Consultation

Separation for Unmarried Couples

Separation for Unmarried Couples

Unmarried couples in a long-term relationship likely have many of the same shared dreams, goals, and possessions as married couples, but are left without the same legal protections if they separate. A separation of an unmarried couple raises many of the same types of issues spouses face in a divorce, and in some cases they can be even more complicated.

Each state has laws dictating property division, child custody, alimony, and other considerations, but many, if not most, of these divorce laws do not apply to unmarried couples. Discuss your situation with an attorney from Petrelli Previtera, LLC before making any decisions.

What must we consider when separating after a long-term relationship?

During divorce proceedings, the married couple typically addresses several aspects important to the dissolution of their marriage, such as property division or child custody. But because an unmarried couple is not getting divorced, they will have to address these issues outside of the usual divorce process.

So if you are unmarried and splitting from a long-time partner, consider these common issues:

  • Who gets the house and other assets?
  • Who gets custody of the children?
  • Who pays child support?
  • Are we married under common law?
  • What happens to the house and other assets?

In a lot of these cases involving unmarried couples, only one partner is on the deed of the home, but the other partner pays a portion (often half) of the mortgage. In cases like this, the partner on the deed may reimburse the other for mortgage payments, or the partner not on the deed may seek a partition to exercise a right to be reimbursed by the partner on the deed.

If both partners are on the deed, then they may seek a partition agreement or proceeding to decide how to split the asset. There are several options how to split the home. This includes:

  • One partner remains in the home and trades property of the same value
  • One partner remains in the home and buys the other out of her portion
  • The couple sells the home and splits the profits

If you are planning to sell the house, you will need to determine how to share the proceeds. If one person paid the down payment or made payments before the other partner moved in, that person may get more than a 50 percent share. The same may be true if only one partner contributed to mortgage payments.

Other property division considerations include:

  • Joint bank accounts
  • Other financial accounts
  • Cars
  • Artwork and other valuable collections
  • Furniture
  • Electronics

While an agreement between you and your former partner is the best bet, a partition proceeding is possible if you cannot reach a fair agreement. To do this, you must file a lawsuit against your former partner and schedule a hearing before a judge who will decide how to split the property based on the facts of the case.

Who gets custody of the children and who pays child support?

State law typically treats child custody similarly for married and unmarried couples: they act in the child’s best interests.

However, couples in a divorce must always formally address child custody, support, and visitation as a part of their divorce settlement, while unmarried couples may attempt to use only informal custody agreements instead. While these agreements do work for some couples, it is preferable to put the agreement in writing.

In the absence of a written agreement, you will have to go to the courts if a disagreement arises. In such cases, the judge will decide the matter for you, keeping the child’s best interests in mind.

Further, parents can seek child support from the other, which the court may award in a similar fashion as in cases of married parents who get divorced.

A common concern in cases of unmarried parents is establishing paternity. Fathers benefit from establishing their paternity because it provides them legal rights to seek custody and visitation with the child. Mothers benefit because it allows them to seek child support from the father.

Are we married under common law?

Some states, such as Texas, South Carolina, and Colorado, recognize common law marriage. Others, like. Pennsylvania and New Jersey, no longer recognize common law marriage. However, Pennsylvania still recognizes partnerships that met the state’s qualifications prior to January 1, 2005.

If you and your partner entered into a common law marriage in states that recognize it, the process of separating property during a split is somewhat easier. Partners who are married under common law have the same rights to joint property and investments as other married couples.

Do I need a lawyer?

If you have no joint property and no children, you may not have any legal matters to address when separating from a long-term partner. But if you have property or children, contact Petrelli Previtera, LLC to discuss your rights during and after your separation.

Contact Our Firm for Assistance

If you’re planning to legally separate from your spouse, our lawyers can help you proceed correctly and establish any necessary legally-binding agreements. Whether we are able to negotiate a fair arrangement or need to go to court with a partition proceeding, child custody issues, or to seek fair child support orders, our firm can help. Contact us at (866) 465-5395 to schedule a consultation.

Further Reading

Client Testimonials

Here's what our clients have to say about working with us. Please note, results may vary based on individual circumstances.

Melinda Previtera, Esq. came highly recommended to our family. Her knowledge base, professionalism, and compassion paved the way for a successful outcome. Melinda is efficient, detailed, and informative. She helps manage expectations, and postures her client for a fair and equitable result. We are happy to recommend Melinda!

Jennifer A.

My experience was very good. Everyone was professional and attentive to my needs, keeping me updated every step of the way. I couldn’t ask for a better result, highly recommended.

David R.

My marriage life has been a hell for me for the past four years until I decided to put an end to what has to be ended. Choosing a lawyer was another additional stressful part of the long process. I’m so glad that I’ve found the right one for me at Petrelli Previtera. Life isn’t always fair, but at least having her in my corner, felt even better. I couldn’t recommend her highly enough!

Caitlin B.

Serving Clients at the Following Locations

Philadelphia1845 Walnut Street 19th Floor Philadelphia, PA 19103(215) 523-6900view details
Montgomery County516 DeKalb Street Suite C Norristown, PA 19401(610) 924-2870view details
Doylestown123 N Broad Street, Doylestown, PA 18901(267) 938-4480view details
Abington1147 Easton Road, Abington PA 19001(610) 890-4833view details
West Chester203 W. Chestnut St., Suite 204
West Chester, PA. 19380
(610) 431-4012view details
Princeton475 Wall St, Suite 214, Princeton, NJ 08540 Meeting Location: By Appointment Only (609) 917 9560 view details
Linwood210 New Road #15 Linwood, NJ 08221 Meeting Location: By Appointment Only (609) 375-0351 view details
Parsippany8 Campus Dr, Parsippany, NJ 07054 Meeting Location: By Appointment Only (973) 310-5320 view details
Covington1148 Washington St SW, Covington, GA 30014(678) 730-6310view details
Bethesda4800 Hampden Lane, Suite 200 Bethesda MD 20814(301) 234-7409view details
Maryland5425 Wisconsin Ave Chevy Chase, MD 20815(301) 889-8085view details
ChicagoTwo Prudential Plaza 180 North Stetson Suite 3500 Chicago, IL 60601(312) 252-2085view details
Schaumburg1750 E. Golf Rd, Suite 382 Schaumburg, IL 60173(630) 491-9670view details
Texas500 W 2nd St Suite 1900 Austin, TX 78701(512) 883-1684view details
Washington DC1717 K Street NW, Suite 900 Washington DC 20006(202) 519-0366view details
Denver7900 E. Union Ave. Suite 1100, Denver, CO 80237(720) 821-6440view details