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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 13
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Recent Legal Answers

I filed a pro se no fault divorce, I advised him to sign the papers & not submit them for 3 months it can not be submitted before 3 months from the da

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
They will be invalid. He will have to sign new papers after the 90 day cooling off period.
They will be invalid. He will have to sign new papers after the 90 day cooling off period.

During a divorce can one party take marital property from the house with out an agreement being reach

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes they can. It's best to get a post-separation agreement or an order preventing the dissipation of marital assets to prevent this.
Yes they can. It's best to get a post-separation agreement or an order preventing the dissipation of marital assets to prevent this.

How is division of property handled during divorce in PA?

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Marital property-marital debt=divisible marital estate. That's the simplified solution. Any property acquired during the marriage is marital property and any debt acquired during the marriage is marital debt. The difference gives you the net. When there are no minor children, the division is most often 50/50 unless one spouse is at a significant monetary disadvantage. In those cases, 60/40 is more common. There was one case about 3 years ago where the court awarded the wife 70%, but that is very uncommon.... Read More
Marital property-marital debt=divisible marital estate. That's the simplified solution. Any property acquired during the marriage is marital... Read More

i was married to my husband for 10 years, we have been divorced over 10 years, am I entitled to half of his pension.

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Once the divorce was finalized, you either waived all rights to equitable distribution, entered into a marital settlement agreement, or had a judge enter a final judgment regarding property. Unless you have a court order granting you a share of his pension, no, you cannot receive any of his pension.... Read More
Once the divorce was finalized, you either waived all rights to equitable distribution, entered into a marital settlement agreement, or had a judge... Read More

What can I do I’m disabled and my husband left without notice?

Answered 12 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Sorry, terrible situation. Contact a local disability attorney and file for disability first to get some money coming in. If you have his son, file for child support. There may be a legal aid office in your town that you can contact .
Sorry, terrible situation. Contact a local disability attorney and file for disability first to get some money coming in. If you have his son, file... Read More

At fault divorce

Answered 12 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's impossible to answer that question. A no-fault divorce without any custody issues or property distribution can be completed for a few hundred dollars. It can only go up from there.
It's impossible to answer that question. A no-fault divorce without any custody issues or property distribution can be completed for a few hundred... Read More

Can my marriage be annulled due to mental health impairment.

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can certainly try for an anullment. However, the marriage has been since April of 2012 and that would present a challenge. A simple no-fault divorce is your best option.
You can certainly try for an anullment. However, the marriage has been since April of 2012 and that would present a challenge. A simple no-fault... Read More

Which state do we need to file a dicorce?

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
My opinion would be that PA has jurisdiction as you have been a resident for over 6 months.
My opinion would be that PA has jurisdiction as you have been a resident for over 6 months.

how do i go about filing for divorce when both parties would like this to be done?

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The easiest way would be to file in the county in which your spouse resides. After 90 days of filing, you both can sign consents for the divorce to be final.
The easiest way would be to file in the county in which your spouse resides. After 90 days of filing, you both can sign consents for the divorce to... Read More

Husbands pension

Answered 12 years and 5 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If the divorce was never finalized, you need to file a "Petition to Reinstate" with your local court to restart the divorce complaint. You can then raise a claim for Equitable Distribution of Property. Please note, that any assets your husband accumulated prior to your marriage or after your separation, you are not entitled to a share of those. If he earned a pension during the marriage, you will likely be entitled to a share.... Read More
If the divorce was never finalized, you need to file a "Petition to Reinstate" with your local court to restart the divorce complaint. You can then... Read More

How much longer till I get my divorce finalized after filing?

Answered 12 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
It depends on how fast your attorney can push the ED issues toward settlement- and how much her attorney fights it.
It depends on how fast your attorney can push the ED issues toward settlement- and how much her attorney fights it.

How can i get a settlement letter from my ex-wife's lawyer

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Some lawyers will not make you a settlement proposal. Sometimes they will only "float" an offer to another attorney. You can certainly call that attorney and say you are eager to receive a settlement offer, but it may make you sound desperate. Be careful that you don't get the raw end of the deal in an effort to get married quickly.... Read More
Some lawyers will not make you a settlement proposal. Sometimes they will only "float" an offer to another attorney. You can certainly call that... Read More

locked out

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Unless your spouse has a Protection from Abuse order ("PFA") or a judge-signed order for Exclusive Possession, no, he or she cannot exclude you ffrom the marital residence.
Unless your spouse has a Protection from Abuse order ("PFA") or a judge-signed order for Exclusive Possession, no, he or she cannot exclude you ffrom... Read More

How do I collect alimony that was awarded to me from the court?

Answered 12 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Register your court order/PA case with the local county in CA to which you are moving. Alimony payments can transfer from PA to CA. You probably need a lawyer in CA.
Register your court order/PA case with the local county in CA to which you are moving. Alimony payments can transfer from PA to CA. You probably need... Read More

Do we need a lawyer?

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can, but be very careful to follow your county's directions on filing a pro se divorce (you wouldn't want remarry and find out your first marriage wasn't dissolved!). If you feel you are in over your heads, you can always hire a lawyer to help you both through the procedure.
You can, but be very careful to follow your county's directions on filing a pro se divorce (you wouldn't want remarry and find out your first... Read More

filing for divorce

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have to make a good faith effort to locate your spouse--internet, phone book, nearest relatives, etc. Once you have "exhausted" those options, you can ask the court to allow you to serve him by "publication." Generally, that means publishing in your local county newspaper and your local county legal publication. See Pa. Rule of Civil Procedure 1930.4 and 430.... Read More
You have to make a good faith effort to locate your spouse--internet, phone book, nearest relatives, etc. Once you have "exhausted" those options,... Read More

Is there a legal standard for retirement?

Answered 12 years and 6 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
That's an intriguing question. Does your divorce decree or Marriage Settlement Agreement anywhere state what your date/age of retirement is to be? Do you have a pension that specifies what your date/age of retirement is to be? If it was completely left up to you as to when you retire, you can likely go ahead and do so. Without further review of the documents involved, it's difficult to give you a concrete answer.... Read More
That's an intriguing question. Does your divorce decree or Marriage Settlement Agreement anywhere state what your date/age of retirement is to be? Do... Read More

Can I still get divorce if my ex is pregnant but it is from another man?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You can get a divorce for any reason. Talk to a Philly divorce lawyer for some guidance.
You can get a divorce for any reason. Talk to a Philly divorce lawyer for some guidance.

Am I entitled to part value of my husband's business?

Answered 12 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Having a divorce attorney would benefit you. You could have him subpoena your H's records to determine where he got the money for the down payment and could look into evaluating your husband's business. I think you may very well have an interest in your husband's business.
Having a divorce attorney would benefit you. You could have him subpoena your H's records to determine where he got the money for the down payment... Read More

Is he legally obligated to pay that amount? What do I do if he refused to pay me alimony?

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Don't do this without an attorney, at least to review the documents. Based on what you say, yes, you absolutely should receive Alimony.
Don't do this without an attorney, at least to review the documents. Based on what you say, yes, you absolutely should receive Alimony.

How can I file for divorce with my spouse in a different state and how much does it cost?

Answered 12 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Could be anywhere from $1000 to $10000. Too little information. If it is an easy breezy uncontested divorce, it could be on the lesser side.
Could be anywhere from $1000 to $10000. Too little information. If it is an easy breezy uncontested divorce, it could be on the lesser side.

Is mental disability a ground for divorce?

Answered 12 years and 9 months ago by Glenn E. Tanner (Unclaimed Profile)   |   16 Answers   |  Legal Topics: Divorce
In Washington, you don't need "grounds" to get divorced.
In Washington, you don't need "grounds" to get divorced.

Can my husband file for a divorce and lie and tell them he does not know where I am and file for a divorce?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
If the law is like pa, he could say your whereabouts are unknown and ask court permission to serve you by publication. Find out where he filed and see if you can file a notice of residence by mail at the same docket number. It can be a simple one page document with your current name and address on it. this way, he can't argue not knowing where you live.... Read More
If the law is like pa, he could say your whereabouts are unknown and ask court permission to serve you by publication. Find out where he filed and... Read More

What am I entitled to in a divorce PA. Been married for 2 years with a home purchased after we were married.

Answered 12 years and 9 months ago by Penelope A. Boyd (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A divorce action generally is both to dissolve the marriage and to divide the assets of the marriage.  In a short marriage, there may be little to divide, but if you own a home together, there may be some equity in it.  Unless there is some information you are not sharing, it should be a simple divorce.... Read More
A divorce action generally is both to dissolve the marriage and to divide the assets of the marriage.  In a short marriage, there may be little... Read More

How can I get an annulment in the state of Pennsylvania if not Catholic?

Answered 12 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Getting an annulment and a no fault divorce in pa are about the same thing. Either one will work.
Getting an annulment and a no fault divorce in pa are about the same thing. Either one will work.
Divorce
Pennsylvania

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