Pennsylvania Divorce Legal Questions

Your spouse is entitled to an equitable share of the retirement benefits that accrued during your marriage.  You will need documentation from the pension administrator as to what the value was at the time of marriage, and what the value was at the time of separation.  Any contributions to the pension after separation are also excluded.  However, any interest earned until the asset is distributed is includable for distribution.... Read More

Although the house was pre-marital property, once you added her name, you changed the character to marital property.  That means that your wife has an equitable interest in the property as if she owned it with you all along.  Pennsylvania divides marital property according to equitable distribution, not communitiy property.  What percentage of the marital property (and debt) you each end up with depends on how the court evaluates the factors that are set forth in the statute. There is no presumption that you each receive 50%; it could be more or less depending on the court's analysis.  ... Read More

The court will uphold a fully executed settlement agreement providing that there is no fraud or undue duress.  A bad deal for one side is neither fraud nor duress, regardless of whether they were represented by counsel or not.  The court should enforce the terms of your agreement.... Read More

In Pennsylvania, you do not need a spouse's consent to move forward with a divorce action after you have been separated for a period of two years.  Be aware, however, that most jurisdictions require that any marital property be distributed prior to a decree being entered, so even though consent is not required, there may another process that has to be completed before the decree is entered.... Read More

If you were married prior to 2005 and it wasn't official, it still could count as a common law marriage--especially since you both conducted yourselves as husband and wife. That being said, the traditional divorce route is the best way to go. If you can establish that your husband committed any kind of marital fault--adultery, abuse, indignities, etc., you could have your divorce sooner. If you cannot, you will have to wait 24 months after he was served with divorce papers to finalize the divorce, whether he signs or not.... Read More

An inventory list is everything that is marital property--whether it be asset or liability. It's commonly used in determining the division of marital property. Here's a link to one you can customize for your county: https://yorkcountypa.gov/forms/finish/52-divorce/36-inventory.html  ... Read More

Do you know where she works?  Where she hangs out?  Where her family lives? You can have her personally served instead by paying a process server or constable to serve the Divorce Complaint on her.  That is the only document in the divorce process which must be served, either personally or certified mail, restricted delivery.  All other documentation can be sent via First Class Mail to her last-known address. If you absolutely cannot find her and can document that you have done a diligent search to locate her and are unable to do so, then it may be possible to ask the court to allow alternate service, such as publication.  However, you have to exhaust all means available, which may include hiring a private detective to attempt to find her.   ... Read More