Divorce Legal Questions

Most divorce agreements are incorporated into, but not merged with, a divorce decree.  That means that the parties have a right to sue for breach of contract or enforce the agreement as a court order.  In my experience, no one bothers with the former.    The court retains jurisdiction to hear such matters regardless of when the breach occurs.  Accordingly, she does have the right to seek enforcement of any provision in the agreement at any time.  However, you may have the defense of laches.  Laches is not a statute of limitations but is based on equitable notions.  You would argue that her failure to act sooner prejudiced you in that you relied on her lack of enforcement and she is now barred from doing so.      I trust this answers your question, and if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Marital property is defined as property acquired during the marriage, including any increase in value of non marital assets.  Accordingly, if the house was purchased after you were married, it is clearly marital regardless of whose name is on the deed.  If it was acquired prior to marriage, any increase in the value is marital. Marital debts are defined the same way.  If the mortgage was acquired prior to marriage, it is not your debt.  If acquired during the marriage, regardless of whose name is on it, it is also your debt.  During a divorce, property is distributed either by agreement or the court.  Regarding real estate, there are several options: 1.         one of you keeps the house, often refinancing the debt into the owners name, if required, and pays the other a fair share with cash or an offset against other assets. 2.         sell the house and divide the proceeds 3.         keep the house with one or both of you living there and proceeds to be determined later based on a future sale or refinance I trust this has been helpful, and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Place of marriage is irrelevant.  If you, youir spouse, and your child all live in Nevada, Nevada has jurisdiction over all issues.  See our Divorce page, here, and our Grounds and Jurisdiction page, here, including the articles posted there.  If you have any  additional questions, or the facts are different, call and we should be able to analyze your jurisdiction question in a few minutes.... Read Answer

While there are areas of law and situations in which I am happy to advise a client that representation is unnecessary, obtaining a divorce with a property settlement agreement is not one of them.  Each county has their own rules in addition to the Pa Rules of Civil Procedure which apply to all counties.  Not only is it difficult to wade through the Divorce Code and Rules, but the contents of an agreement should only be reached after consultation with a divorce attorney.  It certainly survives the cost benefit analysis. I trust this answers your questions and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis.      Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

You can ask your ex spouse to actually sign the title over to you by following the instructions on the back of the title, and signing the title to you. Alternatively, you can ask your spouse to sign a power of attorney to transfer tthe motor vehicle to you. Another alternative, is that your a lawyer will have to file a suit to clarify the divorce decree. In the order from that lawsuit, the VIN can be entered and you can provide a copy of that order to the county clerks office to transfer the vehicle. ... Read Answer

If both of your names are on the deed, she cannot.  If only her name is on it, she can.  If you file a divorce complaint, the family court will have jurisdiction to address a motion by you for special relief seeking to prevent the sale. I trust this has been helpful and, if you live in the Delaware Valley, feel free to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If you are unable to locate your husband for service of the summons and complaint, you will need to seek an order of publication from the administrative judge in the county your case is filed. You will have to present a proposed order, and provide evidence that you made a diligent attempt to serve him the pleadings.  This is not the type of procedural matter that is easily handled without an attorney.  It is possible that you could retain the services of an attorney for the limited purpose of assisting with this task which would be much more cost-effective then hiring an attorney for the entire process. Some attorneys may provide you the information necessary for the cost of a consultation fee. For example, my office would charge $250 and provide you the necessary documents and direction during that meeting.  This would not include any court appearances or further document drafting.... Read Answer

If you are ready to move forward with a divorce matter, you should meet with one or more divorce lawyers for a consultation to better understand your rights in a divorce and your spouses obligation ( if any) for the payment of spousal support. Without sitting down with you and reviewing your income setting, your spouses income setting, the difference between your respective income settings, the nature of your disability, the assets and liabilities of the marriage, the lenght of the marriage, etc its impossible for any lawyer to give you competent advice. My suggestion is that you look for family law attorneys offering free initial consultations and take advantage of that opportuntity to become better educated. ... Read Answer

If your divorce case is pending in South Carolina, The court has jurisdiction to equitably divide all marital assets of the parties, regardless of their current location and regardless of the jurisdiction in which they were accumulated.  The fact these assets were accumulated prior to the marriage would most likely result in them being considered NON -MARITAL, and therefore outside of the reach of your spouse.  ... Read Answer

Whether she proceeded by consent or separation, she was required to give you notice before proceeding to decree.  If you did not get notice, you can seek to revoke the decree.  However, if you are not claiming assets or alimony, there is little point in doing so as she can ultimately obtain a decree without your consent. I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Marital property is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of any assets acquired prior to the date of marriage.  Accordingly, the equity earned during the marriage is marital.  I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

Marital property is defined as property acquired from the date of marriage to the date of separation and includes any increase in value of any assets acquired prior to the date of marriage.  Accordingly, the equity earned during the marriage is marital.  You can sell the house without his consent, but he can obtain a court order to prevent that and seek that any proceeds be placed in escrow pending settlement or equitable distribution.   If he does not file such a Petition, I strongly suggest that the proceeds be put into a separate account so that it will be easier to account for and distribute any marital property.  I trust this answers your question, and if you are in the Delaware Valley, do not hesitate to call or email on a free initial basis.        Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

I have been practicing for 30 years and I happily advise clients when they should consider handling matters pro se.  Divorce is not one of those matters.  Rather, an attorney will know all the Rules and Divorce Code so that you may be properly advised and represented throughout the process.  I trust this answers your question, and if you live in the Delaware Valley, do not hesitate to call or email me on a free initial basis.          Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com  ... Read Answer

Your finances are your own unless you somehow agree to make payments.   But your new husband can be made to pay back child support and money in a joint bank account might be directed to make his payments. I do not recommend putitng your earnings in a joint account until you are sure the friend of the court or whoever is controlling the child support payments gives you a writing that they will no sieze your funds in the joint account.... Read Answer

Although I trust you are not seeking a detailed step by step instruction manual on practicing law, I am happy to state the general process to obtain an amicable no fault divorce in PA. All divorce cases, indeed virtually all civil and criminal cases, are commenced by filing a complaint.  While that may seem as if the Plaintiff is complaining about something, the word simply refers to the pleading required by the rules to begin a case. Once the complaint is filed, it must be served upon the defendant which service can be accepted or achieved through certified mail or personal service via a process server.   Following service, you must either wait 90 days for the parties to prepare and execute documents consenting to the divorce, or proceed under a one year separation.  In the latter case, you would file an Affidavit alleging that you have been separated for more than one year.  That, in turn, must be filed and served upon the defendant by regular mail. If proceeding under consent, after the 90 days, consent forms may be filed along with a Praecipe to transmit the Record which is the request for a divorce decree.  If proceeding under separation, you must wait 20 days after service of the affidavit before sending a Notice of Intent to Request a Divorce Decree 20 days after the date of the notice.  After that period, the Praecipe may be filed. I strongly advise speaking with a divorce attorney as proceeding pro se can be unnecessarily time consuming and aggravating while the fees for an uncontested amicable divorce easily survive the cost benefit analysis. I trust this answers your questions, but, if you are in the Delaware Valley,  do not hesitate to call or email on a free initial basis.  Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com     ... Read Answer

Good morning. While I cannot speak to what other attorneys charge, our fees are based on a few different factors including location, whether there are minor children involved, and the size of the marital estate. I offer flat fees and payment plans. I would be happy to offer you a free telephone consultation to discuss your situation. Then I could quote you the exact fee.... Read Answer

All property settlement agreements contain a clause reflecting that each party made a full disclosure of their assets.  If your ex spouse failed to disclose assets, that is a basis to revoke the agreement which may occur following a Petition for Special Relief.  While your attorney should take reasonable steps to determine the marital estate, he certainly would not be responsible for fraud committed by the other party. I trust this answers your questions, but do not hesitate to call or email me on a free initial basis. Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

A no fault divorce can be obtained in as little as 5 months if it is amicable.  You should speak to a divorce attorney about that and a criminal attorney about the other matter. I trust this answers your questions but do not hesitate to call or email me on a free initial basis.    Best Regards,   Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 (610) 489-3041 o (610) 489-3042 fax nahrganglaw.com... Read Answer

If I understand you correctly, you may be confusing ownership of property with a morgage loan.  I don't think you want your name off the house, I think you want your name off the mortgage loan which is secured by the house, which is a totally different thing, and to which the bank has no reason (unless your ex refinances) to agree.  Right now, both you and  your ex are responsible to repay the mortgage loan to the bank.  Even if you and your ex agreed that, as between yourselves, your ex would be solely responsible for the  loan, that only means that, if your ex defaults on the loan and you have to pay up, you can sue your ex for breach of the contract the two of you made.  It doesn't bind the bank in any way.   Simply put, getting your name off title to the house doesn't affect your obligation to repay the bank.  Why would the bank let you off the hook?  What's in it for the bank? As for modifying the loan, if you were a signatory on the loan, it cannot legally be altered without your consent unless the contract gives your ex that authority (highly doubtful) or you somehow gave your ex that right (in the divorce decree?  power of attorney?)  Frankly it's  more likely that your ex forged your signature.... Read Answer