Divorce Legal Questions

In PA, there are 2 types of no-fault divorce, separation and consent.  Although your husbands actions are understandably upsetting, there is no need to assert them to obtain a decree.  Once a divorce complaint has been filed, if you are living separate and apart, you can file for temporary alimony during the case known as Alimony Pendente Lite (Alimony Pending the Litigation, APL).  After a decree is entered, you may be entitled to alimony which could be paid for months or years.  You are also entitled to an equitable share of the marital estate which are all assets acquired from the date of marriage and any increase in value of anything acquired before that. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

In PA, there are 2 types of no-fault divorce, separation and consent.  In the latter type, you must wait 90 days after the complaint has been filed and served to consent to the divorce which both parties must do to proceed under that section.  In the former type, you need only be separated for at least one year, which appears to be the case here.   In that event unless she challenges the separation or seeks economic relief, you can obtain a decree without her consent within 60 days after service of the complaint. I trust this answers your questions, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

You should do what your husband's lawyer recommended.  Because your husband was still married to his co-worker when you participated in your second "remarriage" ceremony, that "remarriage" was illegal, invalid, and ineffective.  So clean it up by annuling that invalid "remarriage," and then remarry him again if you still want to be married.  ... Read Answer

If the agreement was incorporated into the decree, it will be in the court file.  You can contact your county Prothonotary about getting a copy for a fee. I trust this answers your question, but feel free to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

As I understand your question, you cannot get married twice without having been divorced from the first marriage. The 2nd marriage would be void as a matter of law. If you got a divorce from said person, I think it's insignificant what date you put down. The divorce should be effective against the person you're divorcing (as you had a valid marriage in place with said person.). ... Read Answer

She is not necesarily breaking any law but, under the right facts and circumstances, might become a party to a lawsuit for fraudulent transfer or for participating in and encouraging your husband's breach of fiduciary duty.In most instances, however, the court will simply compensate you in the division of your marital estate for the value of the gift.As an aside, if your husband has given a car that is community property to his girlfriend, he has most likely spent other money on her as well.  An audit or forensic accounting ought to be done of all of your accounts to determine if he has given more than just a car to her, and a claim for reconstitution of the community estate ought to be plead in your divorce proceeding.... Read Answer

A typical divorce attorney charges anywhere between $300-600 per hour depending upon the lawyer's level of experience, location, and current workload.Many divorce attorneys offer an initial consultation for a flat fee.  A few may offer free consultations, but my advice is to steer clear of those.  I personally offer a 90-minute initial consultation for a low flat fee of $500.  This is fairly representative of what to expect in the North Texas area.The amount of your initial retainer depends on the complexity of your marital estate, whether there are minor children, the county where you live, and how aggressively you anticipate your husband will be in any divorce proceeding.  For a relatively simple divorce without children involving a straightforward marital estate, I routinely request an initial retainer of $5,000.  If the parties are in relative agreement and disagreements do not arise regarding issues the spouses haven't thought of before filing and the spouses put in the legwork instead of requiring a paralegal or attorney to hunt down information from third party sources, we can occasionally complete a divorce for that sum of money depending on the court the case is assigned to.  This is not typical, however.Ordinarily, funds from the community estate will be used to pay for each party's attorney.  If one spouse does not have access to those funds, the court can order interim attorney fees to be paid from any account that is part of the parties' marital estate.  ... Read Answer

The usual attorney answer is certainly appropriate here, it depends.  Many firms will charge a significant retainer such as $10,000.00 which they will state is refundable but will often go through that like water.  I charge a nonrefundable retainer which depends on the amount of work anticipated.  For example, a divorce with assets to be divided which will require negotiation and an agreement may be completed for $2,000.00 plus court costs. Regarding the time frame, that also depends on whether there are disputes and whether both parties are reasonable.  But the minimum time for a consent divorce in which the parties have not been separated for more than a year is 5 months.  The goal is to settle property issues during the waiting period required in such a case. I trust this answers your questions but feel free to call or email on a free initial basis.       Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

What you describe is a common issue so you are not alone.  Often, a spouse without independent income has no means to change the current situation.  However, I do recommend speaking with counsel to explore your options.  If you will have primary custody, you will be entitled to child and likely spousal support all of which may help you meet expenses.  That only begins once you are separated, so it is somewhat a cart and horse situation.  If there are marital assets available for your use, that is one option.  Regarding the debt, you should consult with an attorney, like me, who handles both divorce and debtor law to explore your options in that regard.   I trust that answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Whenever you are having communication issues with your attorney, depending on the extent of the same, it makes sense to consult with other counsel.  One of the main principles of the PA Rules of Professional Conduct is proper communication with a client.  When that is not strictly followed, a client cannot be properly served and should consider other counsel. https://www.pacodeandbulletin.gov/Display/pacode?file=/secure/pacode/data/204/chapter81/s1.4.html I trust that answers your question, but do not hesitate to call or email on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

If you purchased the car during your marriage, it is most likely community property regardless of being registered solely in your name.  Reporting it stolen probably will not be an effective way to get it returned.You should ask your divorce attorney to request temporary orders in your divorce proceeding awarding you the exclusive use and possession of the car during the pendency of the case.  If he refuses to return it then, your attorney can file a motion for contempt against your husband.  That is likely to be a far more effective way to get it returned.  Once you have been awarded the exclusive use and possession of the car by the divorce court, law enforcement may be willing to help you because his refusal to return it could be prosecuted as theft.  In my experience, police won't necessarily bring charges, but will stand there with you while you take the keys and drive away to keep the peace between you and your husband.... Read Answer

Dear Anonymous: You can file for divorce in Florida, and if you get your wife to file an answer to your petition, then the court will have personal jurisdiction over her.  In short, that means she cannot contest the divorce because she is not living in Florida.  Note, there are exceptions to this, but they are much too complicated to explain in this answer. That means that the Court can grant your divorce.  However,  as to enforcing the settlement agreement that you reference, the Court  might not have subject matter jurisdiction over parts of the settlement.  For example, if the settlement requires that property be sold in Canada, or another state, a Florida judge would not be able to enforce that part of the settlement. Without reviewing the settlement, however,  it would be impossible to determine this. So if you are just looking to get a final judgment of divorce, then yes, you can file in Florida. If your wife and you have already done everything that your settlement required then this should not be a problem. Best of luck, Cindy Vova Law Offices of Cindy S. Vova, P.A. Broward/ Miami -Dade: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

A special warranty deed would not remove you from the mortgage.  When you got divorced, your divorce attorney should have had your ex-wife sign a deed of trust to secure assumption.  The deed of trust would allow you to foreclose on the home if and when your ex-wife failed/fails to timely make a mortgage payment.When a divorce decree requires one party to sell or refinance a home within a certain period of time, you can petition to enforce the decree by having the court appoint a receiver to sell the property.  Often, in these situations, the receiver is a real estate agent.  ... Read Answer

I regret that the question is confusing so I would ask some questions to better advise you. Having said that, marital property is defined as property acquired after the date of marriage until the date of separation.  A key element of that definition is that the property in question actually be owned by husband or wife.  If I understand your facts correctly, the certificate was held for your daughter.  If your daughter is a minor, the certificate could be her property held in trust by you under the Uniform Gift to Minors Act.  In that event, you have a fiduciary obligation to your daughter to only use those funds for her benefit.  It depends what the lawyer fees were used for.  If the certificate was actually your money that you merely intended to gift her at some point, it is actually yours subject to the definition of marital property above. I trust this answers your question, but do not hesitate to call or email with any questions on a free initial basis. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

There are 2 ways to resolve a divorce case, through agreement or litigation.  Generally, I strongly advise trying to settle but that is only possible if the other party is reasonable.  I trust this answers your questions, but do not hesitate to call or email on a free initial basis.     Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

The only true remedy is a divorce.  In family court, you can obtain a division of assets. I trust this answers your question, but do not hesitate to call or email with any questions. Matthew R. Nahrgang, Esquire 35 Evansburg Road, Ste 400 Collegeville, PA 19426 610 489-3041 o 610 489-3042 fax mnahrgang@verizon.net nahrganglaw.com ... Read Answer

Dear Ms. Fleming: Although it has been a long time, if your divorce decree required your ex husband to obtain a life insurance policy and he has not done so, then you can file a motion to compel him to comply with the original agreement and/or motion for contempt, depending on the wording in the divorce decree. Often times insurance policies are used to secure the child support and/or alimony an ex-spouse is to receive.  Depending on the wording in the divorce decree, it is possible that if the policy was to secure child support and/or alimony and the underlying obligation has ended (i.e. your ex no longer has to pay child support or alimony) then  your ex may no longer have an obligation to keep an insurance policy in effect.  You should read over the terms of  your divorce to determine the purpose the policy was to serve in order to determine if he must still keep it in effect.  If the answer is yes, then you can go to court to try to enforce that provision. Best of luck, Cindy S. Vova Law Offices  of Cindy S. Vova, P.A. Broward/Miami-Dade: 954-316-3496 Boca Raton: 561-962-2785... Read Answer

Dear Ms. Smith: Unfortunately,  Christmas has passed. However, even if your husband leaves the state, you can still have him served in the state where he lives, and, provided he lived with you at one time in Florida, he would (with certain exceptions) be subject to the jurisdiction of the Florida courts.  That means the divorce action can proceed in Florida.  However, you seem to be contemplating pursuing support without obtaining a divorce.  There is a process for doing that as well, and your husband can be served out of state. Depending on how busy a firm is, our firm can usually prepare  a petition for divorce within 10 days or less after the client and attorney meet to discuss the case, and ensure all information is obtained in order to proceed.  You would be well served to discuss your case in more detail  to determine which path (support unconnected with divorce or divorce) would be best for your situation. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Miami Dade: 954-316-3496 Boca Raton:  561-962-2785... Read Answer

Both you and your wife have equal rights to allow visitors in the house. While you may certainly express your disagreement, you will not be able to keep her from having her family in the home. However, you said you have an open divorce case so the judge could order that one of you have exclusive use of the home. If you get exclusive use of the home during the pendency of the divorce, this issue would not be a problem because your wife would not be living in the home.... Read Answer

Because they have been gone for over 6 months, you would probably have to go to Missouri to file a petition with the court to at least get a visitation schedule with your son. It is unclear whether you want a divorce or not, but you certainly could get an order giving you a schedule to see your son. You might want to consider moving wherever your son is to make it easier for him to see you both frequently.... Read Answer