Pennsylvania Divorce Legal Questions

You may want to begin by finding your husband by using a private investigator, such as Information Network Associates (INA) in Harrisburg, PA. Once he is found, it will be a much easier process to file a divorce complaint and start a support case.  If you choose to retain an attorney first, it may cost you more money as the attorney will still need to attempt to find him.  If he cannot be found, an attorney will file a petition to serve by publication and attach a report from a private investigator concluding that he could not be located despite due diligence to find him as well as an affidavit signed by you as to what you did to try to locate him.  If a judge determines that there is nothing more that can be done to locate him, then permission will be granted to serve him by publication, and you will be required to publish notice of the proceedings in local newspapers in the area of his last known address. However, unless he is actually located, it will be very challenging (and expensive) to pursue any monetary claims against him.... Read More

Inheritance is expressly excluded from the marital estate.  However, non marital assets are relevant to determine how much of the estate each party will receive.  That is the nature of equitable distribution based upon need, separate assets, and earning potential. 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 More

Divorce, like most civil matters, begins with a complaint.  While the parties may wish to blame each other, as a practical matter, there is no legal reason to do so.  Rather, PA is a no fault state so parties don’t need to prove fault to obtain a divorce decree.  A decree may be issued either by consent or separation for more than one year.  If the former, the parties must wait 90 days after the complaint is served upon the defendant to consent.  I trust this answers some questions but you are welcome to call or email me 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 More

While it is theoretically possible to raise fault claims for a divorce, there is absolutely no practical reason for doing so.  To the contrary, the same is an utter waste of time and money which does not benefit either party in any way.  Rather, PA has been a no fault state for 40 years and that is the course that should be pursued. 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 More

I cannot comment on the status of your retainer with counsel, but all attorneys are obligated to communicate with their clients in a prompt fashion and similarly handle matters for which they were engaged.  If you have a fee dispute with your attorney, you have several options:  1) submit a complaint to the local bar 2) submit a complaint to the PA disciplinary board  3) sue her. I trust this 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 More

It is unreasonable and suspicious that your husband would discourage you from at least speaking to other counsel.  Your husband’s lawyer is his lawyer, only, unless the lawyer agrees to represent both of you and you each sign a waiver of conflict.  I don’t favor that representation as it is fraught with uncertainty.  Rather, you are better served seeking advice from other counsel who is hopefully reasonable.  That is crucial because one who is not may advocate for litigation when settlement will serve you best.  Many people do not retain an attorney, but have one review the final settlement agreement to advise whether it is a good deal and reasonable.      If you need funds and your husband makes more than you, you should consider seeking spousal support which can be pursued through Centre County DRO. https://dadsrc.org/domestic-relations/ 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 More

I only practice in PA so can only answer regarding PA law.  However, generally, a suit of any kind, including divorce, cannot proceed without notice to you.  In PA, you may be served certified mail or personally by any adult individual. If the divorce was entered in Delaware, you should speak with Delaware counsel to determine the procedural facts and whether you are able to challenge the decree.  I trust this has been helpful, but don’t hesitate to call or email me 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 More

While I strongly advise speaking with, and probably retaining, divorce counsel to finalize your divorce, the steps are as follows, subject to local rules which vary by county: Each of you must sign an Affidavit of Consent and file the same with the court. I suggest that each of you also sign a Waiver of 20 day Notice which must also be filed. The Plaintiff must sign Affidavits of Non Military Service and of Defendants Signature which must be filed. The Plaintiff must file a Praecipe to Transmit the Record. I trust this has been helpful, but you are welcome to call or email me 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 More

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the house was acquired during that time, and marital funds were used to buy it, the record owner is irrelevant as it is marital.  If it was his before the marriage, the increase in value during the marriage is also marital. I trust this helps somewhat and you are welcome to call or email me on a free initial basis as I do practice in Chester County. 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 More

Each party in a divorce case has a right to equitable distribution of the marital estate.  Marital property is defined as property acquired after the date of marriage until the date of separation, regardless of whose name it is in.  The parties’ relative income is a significant factor among many in determining the percentages of division as well as what assets are distributed to whom.  More can be explained in a free initial consult. I trust this 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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

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 More

If you entered into a property settlement agreement, which was likely incorporated into the divorce decree, the proper remedy is a Motion to Enforce Settlement Agreement.  If you became divorced with no agreement regarding the real estate, you are both co owners.  In that event, the remedy is an Action in Partition to compel a sale. I trust this 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 More

While there are many self help sites out there, I always advise retaining an attorney for a divorce.  The reason is that the rules can be very confusing and the process easily survives the cost benefit analysis. Fees vary based upon the amount of work involved.  For example, depending on whether the case involves assets that need to be divided and an agreement drafted, my retainer ranges from $750.00 to $2,000.00, plus court filing fees. I trust this 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 More

Attorneys are governed by the Rules of Professional Conduct which provide, among other things, that an attorney must communicate with his client and vigorously represent him.  Certainly, I do both of those things. If you are unhappy with your attorney, a common circumstance in family matters, you are free to search for another one. I trust this answers your questions but do not hesitate to call or email me 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 More

Marital property is defined as property acquired from the date of marriage to the date of separation.  If the decree has been entered, you waived your rights to a divorce court determining equitable distribution of marital assets. However, if the house is in joint names, you have a property interest in the house and you are entitled to one half of the proceeds, notwithstanding the divorce. I trust this answers your questions, but feel free to call or email me 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 More

Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution, including your retirement.  So it is not so much the house he would have an interest in as the amount taken from your retirement which you will have to account for.     I trust this answers your questions but do not hesitate to call or email me 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 More

Generally, PA is a no fault state so there is no legal nor practical reason to assert fault grounds such as adultery.  The 2 types of no fault are a one year separation and consent. Regarding the joint bank account, that was clearly marital so she must account for those funds.  Marital property is defined as all assets acquired during the marriage, including any increase in value of non marital property.  Accordingly, all assets must be considered for purposes of distribution.   I trust this answers your questions but do not hesitate to call or email me 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 More