Pennsylvania Divorce Legal Questions

There is no PA requirement that a party waive a right to discovery, although its possible there could be a local rule to that effect.  However, I suspect your attorney simply wishes to cover his bases and commit to writing your desire to forego discovery.  There certainly is no reason not to sign it. If you are concerned about your attorney’s advice, it is always a good idea to get a second opinion.  However, if you are satisfied no discovery is necessary and it is a simple case with little or no distribution, I reiterate there is no reason not to sign it.  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 Answer

Marital property is defined as property acquired from the date of marriage to the date of separation, excluding gifts and inheritance.  That includes any increase in value of assets owned at the date of marriage.  Accordingly, to the extent that his retirement accounts or other assets increased in value or were acquired during the marriage, they are part of the estate and you are entitled to a share of them. I trust this answers your question, 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 mnahrgang@verizon.net... Read Answer

You may file a divorce case in PA as you have lived here for more than 6 months.  There are 2 types of no fault divorce, consent and separation.  You don’t need his consent as you have been separated for more than one year.  However, he will have to be served with the complaint which an attorney can prepare and file for you.  He also has the opportunity to claim economic relief so that will have to be dealt with if or when that arises. I trust this answers your question, but do not hesitate to call or email with any questions 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 mnahrgang@verizon.net... Read Answer

If you entered into an agreement to divide assets, any asset that you retain as your separate property may be used by you at any time for any purpose. I trust this has been helpful, but feel free 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

Although I initially read your question to mean charge him criminally, I now surmise that you mean civilly.   If you are asking if you can include the damage in the divorce case, most certainly.  However, I trust you have submitted the claim to your insurance carrier. I trust this answers your question, and if you reside in the Delaware Valley, feel free 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

Divorce law is unconcerned with citizenship.  The only factor necessary to obtain a divorce in Pennsylvania is that the parties actually be married.  Some counties require a copy of the marriage certificate, while others do not.  A no fault divorce can be obtained on one of 2 grounds, separation of at least one year, or consent after 90 days following filing and service of the complaint. I trust this answers your questions, and, if you live in the Delaware Valley, feel free 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

You should contact your county’s Domestic Relations Office about filing for spousal support.  While the courts generally don’t get involved in dividing an intact household, if you can prove that he is not paying necessaries, he can be ordered to pay you money until you are divorced. 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

Regrettably, your question has typos and is unclear.  However, I will attempt to address the general inquiry. When parties seek to divorce, there are only 3 ways to obtain a no fault divorce: 1) failure to respond and a divorce is granted based on separation with no property divided 2) by an Order following equitable distribution in which the court divides marital assets and enters a divorce decree  3) by agreement.  I don’t know what stage of the proceedings the matter is at nor which of the three are or were pursued. I trust this answers your questions, and, if you live in the Delaware Valley, feel free 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

The usual remedy to enforce a property settlement agreement is through a Petition for Special Relief filed in the court where the divorce decree was entered.  If you can prove noncompliance, the court will likely order compliance within a set time.  If he still fails, you then need to file a Petition for Contempt of that Order.   Most agreements provide that the loser pays attorney fees so you may be reimbursed for your efforts. I trust this answers your questions, and if you live 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 regret I don’t quite understand your question.  Are you saying that you were married in the Philippines, now live in the US, and your wife wants a divorce?  If so, while you can contest a divorce or slow it down, you cannot truly prevent it.   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 from the date of marriage to the date of separation.  If the cars were bought during the marriage, regardless of title, they are part of the marital estate.  If bought prior to marriage, they are all yours. Marital property is divided one of two ways in a divorce, agreement or court order.  If the two of you cannot agree, the court will have to resolve it. I trust this answers your questions and, if you live in the Delaware Valley, feel free 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

Generally, the only method to evict a spouse during a divorce is through a Protection From Abuse Order.  However, that would only be issued if you allege and can prove that you are in fear of imminent bodily harm or other similar factors listed in the statute.  You can Petition the court for Special Relief, but the courts will rarely evict someone from the home until the divorce is finalized. Having said the foregoing, you could try the eviction process and force him to file a Petition with the Family Court seeking to stay the eviction. I trust this answers your questions, and if you live in the Delaware Valley, you are welcome 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

When property is being divided in a divorce case, the simplest method is to file the divorce complaint, enter into an agreement providing for the refinance, and then the refinance and deed transfer occur simultaneously 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

If the first divorce case is still active, which is unusual given the length of time, the complaint can be amended or other steps taken to simply request a no fault divorce.  Each county has their own rules, so the procedure depends on the county. If the case is not active, you can simply file a new case seeking a no fault divorce.  Assets and debts can be divided and an agreement entered into if desired. 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

Yes, you do need to know where your spouse is located in order to file against him.  Due process requires that a party be made aware of the potential loss of life liberty or property and the right to marriage and marital property is a property right. 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

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

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

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

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

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

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