Pennsylvania Divorce Legal Questions

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

I agree with the other answer.  Since I am a PA attorney, I can advise you on a free initial basis. I assume the mortgage was obtained before your name was put on the deed.  Either way, if your name is on it, it is marital property and your property under PA law, generally. The first step is to file a divorce case.  Then we can try to negotiate a settlement of the marital estate.  If settlement is not possible, the matter will require litigation to obtain your equitable share. I hope this answers your questions, and, if you live in Southeastern PA, 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

If you don’t own the house, the same may still be marital property.  Marital property is defined as property acquired from the date of the marriage to the date of separation.  Accordingly, you could point out that she might owe you money which is at least some leverage for an agreement.  Theoretically, you could ask the court for special relief precluding her evicting you until the case is resolved.  Also, if the PFA was denied, she could be liable for filing a false petition, but it all depends on the facts and whether there was any good faith basis.  Once again, it is at least some leverage. Barring your attempt at obtaining special relief, your wife can seek to evict you under Landlord Tenant Law. I hope this answers your questions but 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

A divorce decree not only dissolves the bonds of matrimony, but resolves any equitable distribution issues.  Accordingly, if assets and debts have not been addressed and incorporated into a divorce decree, neither party has any rights regarding property of the other.  If the house was in your name, only, the title company is wrong to require any further action.  One option is to suggest that the buyer obtain another title company. Kindly note this response is only based on the facts provided.  If the facts are actually different, the answer may be also. 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.  While the house is in your name, any increase in value for the 2 years you were together is marital property.  She would need to prove that value, if any, and you have an equal interest in any assets she acquired or which increased in value during that time. Real estate is rarely sold to satisfy equitable distribution in divorce, unless by agreement.  A full analysis is required to provide a better answer and I offer a free initial consult. Feel free to call or email me next week to discuss. 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 assume that your question is related to divorce as you would certainly enjoy any proceeds as part of a marriage.  Under PA divorce law, marital property is defined as property acquired from the date of marriage to the date of separation, including any increase in value.  If you are seeking a divorce, and the house was acquired after you were married, the entire asset is martial.  Otherwise, it would only be the increase in value. 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

Generally, when a divorce decree is entered, the only rights either party retains are found in the Order of Court either approving a settlement agreement or equitable distribution.  The only exception to that is fraud. If you entered into an agreement and merely neglected to include retirement as part of the distribution, that would not serve as a basis for a fraud exception. I trust this answers your question, 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

If there was a property settlement agreement which discussed custody, it likely contained a provision about the child credit.  If your brother is supposed to get it, the spouse possibly violated the agreement and could be held in contempt. I would need to review the agreement, but, even without that, there may be a cause of action against her.  Either way, like it or not, the IRS probably wont take action against her but I am happy to review the matter. 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

A property settlement agreement is a contract like any other.  Accordingly, the terms in the agreement govern the rights and obligations of the parties.  When I draft an agreement, it contains a definition for the effective date which is the date the agreement is signed by the last one to do so.  However, some obligations and conditions are scheduled for a certain time after an event, such as the divorce decree. I would be happy to review the agreement for you to answer the question. 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 have rights.  You are entitled to some portion of the marital assets.  Generally speaking, marital assets are whatever was aquired during the course of the marriage, and it doesn't matter whether the asset is in your name, your spouse's name, or both names. That's a general statement; I'd need a lot more information before i could comment on the specifics of your particular case. Debt is also apportioned when there is a divorce You may be obligated on some portion of the marital debt, although if you have limited income, that would be a factor that would be considering when deciding the debt obligation. I don't know if you are receivng Social Security Disabilty or SSI, and that makes a difference in how you would approach the distribtuion of the marital assets and the debt. Where your child lives will also make a difference in whether any one is entitiled to child support. And. of course, custody issues are often raised when parents no longer live together. Consulting with an attorney, even if you don't ultimately hire one, is often a good idea when there are significant marital assets (like a house and a retirement account) or when custody of a child is changing from one partent to another.  You can get a more in-depth analysis of your situation, rights, and obligations during a face-to-face meeting with a knowledgeable family law attorney. Best of luck. Susan Pearlstein... Read Answer

If your ex is not following the Order/Agreement, you have to file a petition with the Court to enforce the Order/Agreement. Before you doing anything, you might want to consult with an exsperienced family lawattorney in the county where the divorce is filed. best of luck. susan pearlstein,esquire... Read Answer

It depends on what the papers say.  Some divorce papers require a quick response; with other kinds of papers you can take more time.  Also, you may WANT to file an aswer even if one isn't immediately required.  There are issues, like alimony, that you can only assert if you file an answer that says you want this to be part of the resolution of your case.... Read Answer

While the note would provide evidence of your agreement, the note cannot be enforced with the contempt power of the Court unless the Court enters an Order directing that the note will be enforceable.  Please let me know if this helps. You may have to petition the court for additional relief.  ... Read Answer

you have lots of options.  marital property is anything you aquired during the marriage.  this includes the house, retirement accounts, vehicles,  financial accounts, household goods, etc.  it doesn't matter who's name is on the account; if it was acquired during the marriage then it's usually regarded as marital property. if you and your wife are going to divorce then each of you is entitiled to an equitalbe (fair) part of the marital property.  what's fair depends on the particulars of your situation. it may be 50-50; it may be something else; each case is different.  if you two can agree on what's a fair distribution, that's good.  if you can't, then the court will hold a hearing and decide for you.  it may help you to consult with a lawyer to help you figure out what is fair in your particular case and how you should proceed.   best of luck!... Read Answer

If your wife left you, and you no longer want to be married, you can file for divorce.  If you go to the Lawyers.com website, and type in divorce and what state and  ounty you live in, the web-site will give you a list of lawyers who do these kinds of cases and also give you their contact information.  Make sure you ask for a divorce or custody lawyer; you want representation from a person who knows a lot about the type of issues you will be dealing with. Best of Luck!... Read Answer

Parties who are divorcing often remain together in their home for some time prior to the finalization of the divorce.  It takes a while to determine who will eventually leave, where they will go, etc.  But keep in mind that one of the main purposes of a divorce is to eventually no longer live with (and be married to) that person.  So, at one point or another,  the parties usually make plans to obtain separate residences.... Read Answer

You have to live in PA for 6 monrths before you can file for divorce here.  When you file for divorce, you don't need to state any reasons except that there are irreconcilable differences between you and your husband.  That means that you don't need to say that your husband has abandodned you - you only have to say that the marriage is over.  ... Read Answer

In custody cases, the court trys to figure out what custody arrangements will be in the children's best interests.  the court looks at many factors to make that determination.  for example, the court will consider whether a parent lives in a safe neighborhood, whether their are relatives living near the child, whether there are good schools in the area, whether a parent has a criminal record, whether a parent has a medical condition that would affect his/her ability to provide care, whetehr the house has enough beds, etc.,  etc. The court will consider any fact that helps the court determine to what degree that parent has the ability to care for the children. court's rarely give a parent no custody at all.  there are as many different custody arrangements as there are families.  the court will focus on YOUR family, and try to determine what will be in your children's best interests, keeping in mind that it's almost always in the children's best interests to keep intact their close and loving bonds with their parents.... Read Answer

Marital assets are generally those assets accumulated during the marriage, with some nuances.  The value of your retirement assets, regardless of where they were earned, would be considered a marital asset if they were acquired during the marriage. Generally, during the pendency of the divorce, the court requires the parties to maintain the "status quo," meaning that if he is currently covered under your employer-sponsored insurance policy, the court would require that he continue to be covered until the divorce decree were issued and the marital property was awarded.  Whether he has to contribute to his share of the cost during that period would be an issue for the court to address.   Once you are divorced, you can no longer provide coverage for him as a spouse.  ... Read Answer