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Pennsylvania Divorce Legal Questions

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433 legal questions have been posted about divorce by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Divorce Questions & Legal Answers - Page 12
Do you have any Pennsylvania Divorce questions page 12 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 433 previously answered Pennsylvania Divorce questions.
Divorce
Pennsylvania

Recent Legal Answers

what are my options when husband gets caught cheating?

Answered 12 years and a month ago by Lisa M. Petruzzi (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Whether one party has been unfaithful (called "marital misconduct") is not a factor that a court can consider in the division of marital assets.  It is expressly excluded from the statute.  It is, however, a factor that the court must consider if either party makes a claim for alimony, which is support paid to a spouse after the divorce is entered, and after the assets and debts have been distributed.... Read More
Whether one party has been unfaithful (called "marital misconduct") is not a factor that a court can consider in the division of marital... Read More

In a divorce does the principal buyer have more rights to the family home than the co buyer?

Answered 12 years and a month ago by Lisa M. Petruzzi (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If Husband and Wife are both listed on the deed to the house, they each have an equitable interest in the net equity of the family home.  Whether one party is a "principal" buyer versus a "co-buyer" will not be a factor to be considered by the court.
If Husband and Wife are both listed on the deed to the house, they each have an equitable interest in the net equity of the family home. ... Read More

does a judge take into consideration your current obligations as far as rent, car payments and other bills before awarding spousal support?

Answered 12 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes and no. Most counties require you to complete a budget before the hearing. Only if you have "extraordinary" expenses will the court consider a deviation from the support numbers. However, it doesn't hurt to bring up large expenses you have.
Yes and no. Most counties require you to complete a budget before the hearing. Only if you have "extraordinary" expenses will the court consider a... Read More

My husband is filing for divorce and I don't know where to start to protect me and my kids from losing everything

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Honestly, you need a lawyer to best protect your rights. In the meantime, file for spousal support and child support immediately.
Honestly, you need a lawyer to best protect your rights. In the meantime, file for spousal support and child support immediately.

If I got married at the Washington DC court house, can I file for an annulment in Pittsburgh, PA?

Answered 12 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
If Pittsburgh has jurisdiction, which probably means one of you has had to have lived her for the past 6 months.
If Pittsburgh has jurisdiction, which probably means one of you has had to have lived her for the past 6 months.

divorce decree

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's unlikely that the decree can be modified. One option is to bring a motion for clarification to the judge and have him/her rule on the pension issue.
It's unlikely that the decree can be modified. One option is to bring a motion for clarification to the judge and have him/her rule on the pension... Read More

What's the procedure for changing back to my maiden name, if it is in the decree and the divorce was finalized in a state other than the one I reside?

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The easiest way is probably to call the courthouse in Madisonville and ask how to file a name change. If that doesn't work, you can register your divorce in Allegheny County (for a fee) and file the name change form (also a fee).
The easiest way is probably to call the courthouse in Madisonville and ask how to file a name change. If that doesn't work, you can register your... Read More

If for some reason we were to divorce after 10 years, would she get half of everything even though she technically owns none of it?

Answered 12 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
The home is non marital property, thus she would only have an interest in the increase in value of the house from the date of marriage to the date of separation. All property acquired during the marriage is marital property and she would have an interest in it. It is possible she has an interest in your retirement and all other property. You should really call a local divorce attorney and discuss the details.... Read More
The home is non marital property, thus she would only have an interest in the increase in value of the house from the date of marriage to the date of... Read More

How much and what type of divorce would I need?

Answered 12 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Start calling local divorce attorneys to get a price. It varies. You have many issues to tell the attorney about-child support, custody, relocation.
Start calling local divorce attorneys to get a price. It varies. You have many issues to tell the attorney about-child support, custody, relocation.

exeptions to a master hearing

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Call your local Legal Aid office; they may be able to help you. If not, you must explain for each of your exceptions, according to Pennsylvania law, why the hearing master erred. Your county courthouse should have a law library where you can find resources to help.   This response is provided as general legal information only and does not form an attorney-client relationship.... Read More
Call your local Legal Aid office; they may be able to help you. If not, you must explain for each of your exceptions, according to Pennsylvania law,... Read More

Should I pursue any additional money in my divorce?

Answered 12 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If your income is less than his, you should pursue an alimony claim. If you have not already, file for spousal support pending the outcome of your divorce.
If your income is less than his, you should pursue an alimony claim. If you have not already, file for spousal support pending the outcome of your... Read More

Can my husband filed mutual consent divorce without letting me know?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You should consult with a local family lawyer. IF you cannot afford one, sometimes county court systems provide assistance. Yes, you can make him wait two years before he can even move toward obtaining a divorce decree. If you avoid everything, it will take him two years plus a few months. The thing he is asking you to sign just may be an acceptance of service of the divorce complaint. You should really show it to a lawyer. Plus, you may want to collect spousal support from him, or maybe even get counsel fees awarded. Talk to a lawyer.... Read More
You should consult with a local family lawyer. IF you cannot afford one, sometimes county court systems provide assistance. Yes, you can make him... Read More

I have a divorce filed in PA I ran out of money for the fees and tried to work something out, But to no avail. I just want to finish it, How?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Ask your attorney to withdraw from the case and then you can proceed on your own. Your county's Legal Aid office or divorce office should be able to provide guidance.   This response is provided as general legal information only and does not form an attorney-client relationship.
Ask your attorney to withdraw from the case and then you can proceed on your own. Your county's Legal Aid office or divorce office should be able to... Read More

Does spouse have rights to my money after getting divorce?

Answered 12 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
I know of no 10 year rule. Obviously, the longer the marriage the higher interest each spouse will have in each other's property. He has an interest in all marital property-things acquired during the marriage. If you had your money (whatever it is-pension, 401, 403) before the marriage, he may or may not have an interest in it. You need to get the documents pertaining to the money and review them with a lawyer.... Read More
I know of no 10 year rule. Obviously, the longer the marriage the higher interest each spouse will have in each other's property. He has an interest... Read More

What form do I file to represent myself in the middle of my divorce case?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Inform your lawyer that he/she is terminated and ask them to withdraw their appearance. You will then be representing yourself by default.   This response is provided as general legal information only and does not form an attorney-client relationship.
Inform your lawyer that he/she is terminated and ask them to withdraw their appearance. You will then be representing yourself by... Read More

I am waiting for my settlement payment from my out of state divorce filing, what happens if I switch lawyers

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You should have a lawyer in whatever state the divorce is pending in. If you fire your PA lawyer, your new counsel will be able to pick up where he or she left off.
You should have a lawyer in whatever state the divorce is pending in. If you fire your PA lawyer, your new counsel will be able to pick up where he... Read More

How do i go about getting a divorce?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You need to file for divorce at your local courthouse. If you are proceeding without an attorney, go to the Prothonotary's office for guidance.
You need to file for divorce at your local courthouse. If you are proceeding without an attorney, go to the Prothonotary's office for guidance.

is it legal for me to read my wifes text messaging on the Verizon wireless site, the account is under my name and liability

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If it is your account, yes, you may.
If it is your account, yes, you may.

How to make support legit in PA

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
He needs to put his wife on notice (preferably by certified mail) that he is discontinuing voluntary support in thirty (30) days. That will force her hand to go and file for support. Regarding how much he should be paying, the formula can be found in the Rules of Civil Procedure or he should speak with an attorney.... Read More
He needs to put his wife on notice (preferably by certified mail) that he is discontinuing voluntary support in thirty (30) days. That will force her... Read More

Can a lawyer figure out the alimony/child support figures w/o other spouse knowing?

Answered 12 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Absolutely. I always calculate support for my clients even if no action has been commenced. Everything is laid out in a spreadsheet.
Absolutely. I always calculate support for my clients even if no action has been commenced. Everything is laid out in a spreadsheet.

How do you get a "fault" divorce

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
She needs to file a fault-based divorce. She should see if her local legal aid can help her with the process.
She needs to file a fault-based divorce. She should see if her local legal aid can help her with the process.

My wife is keeping me from getting my things from our place after she kicked me out. What can I do?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Anything you purchased prior to the marriage is yours. If she is not letting you have them, you or your attorney needs to bring a petition before the court requiring her to return the items.
Anything you purchased prior to the marriage is yours. If she is not letting you have them, you or your attorney needs to bring a petition before the... Read More

What type of divorce or annulment could I get if one spouse turned out to be gay?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You could divorce her on the grounds of adultery. Otherwise, you can obtain a no-fault divorce after you have been separated for two years.
You could divorce her on the grounds of adultery. Otherwise, you can obtain a no-fault divorce after you have been separated for two years.

What state court do I have to file a case against my ex spouse for not paying alimony?

Answered 12 years and 4 months ago by Jack W. Abel (Unclaimed Profile)   |   2 Answers   |  Legal Topics: Divorce
No. You can file a motion to hold him in contempt in the Lucas County Domestic Relations Court. You may also want to check with the prosecutor's office. They can also seek to enforce the order through the Interstate Support statutes.
No. You can file a motion to hold him in contempt in the Lucas County Domestic Relations Court. You may also want to check with the prosecutor's... Read More

How long do you have to be separated from spouse to be concidered divorced?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It depends how far you got in the divorce proceedings. If you merely filed for divorce and properly served him, you now have to reinstate the complaint, serve him with notice of intent to enter a divorce decree and wait the requisite 20 days to do so. If you cannot find him, you need to go to the court to ask for alternate service. It sounds like your previous lawyer didn't know how to handle a vanishing spouse--there are remedies in the law.... Read More
It depends how far you got in the divorce proceedings. If you merely filed for divorce and properly served him, you now have to reinstate the... Read More
Divorce
Pennsylvania

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