Pennsylvania Divorce Legal Questions

As long as it was acquired during the marriage it is marital property. As far as being "split", PA is an equitable distribution state. The court can decide to divide 70/30, 60/40, 50/50, whatever it deems to be fair. The court could decide to let the person keep the entire balance or equally, to give the entire balance to the other party. It depends on all the factors in the equitable distribution statute. Contact a lawyer for more specific information regarding your case.... Read More

If you own a home you are free to change the locks.  However, if your spouse still lives there, he can change them back and obtain a court order prohibiting you from doing that again.  If he left, he will likely not be able to do either one and you could obtain an order preventing him from changing the locks back or appearing without notice. ... Read More

If you want a co owner to transfer title, you can simply ask her.  If she refuses, that is something that could be resolved in family court during the divorce.  However, it is neither inexpensive nor quick.  There are only 2 ways to resolve property issues in a divorce, agreement or litigation.  The latter can take many months and sometimes years while costing soemtimes thousands of dollars.  I always encourage agreements if they can be achieved on reasonable terms.... Read More

When you file for divorce is a case by case decision.  It depends on how your husband will react.  If he is planning to refinance into his name, only, I gather he is willing to be divorced also.  So, from a legal perspective, there is no reason to wait.  To the contrary, the new mortgage company will likely require an agreement allowing him to receive the property which will enable him to refinance it in his name, only.  ... Read More

Orthodontia is considered a medical expense for support purposes.  Here is the language of the PA Rule on that issue: Rule 1910.16-6.  (c)  Unreimbursed Medical Expenses. Unreimbursed medical expenses of the obligee or the children shall be allocated between the parties in proportion to their respective net incomes. Notwithstanding the prior sentence, there shall be no apportionment of unreimbursed medical expenses incurred by a party who is not owed a statutory duty of support by the other party. The court may direct that the obligor’s share be added to his or her basic support obligation, or paid directly to the obligee or to the health care provider.    (1)  For purposes of this subdivision, medical expenses are annual unreimbursed medical expenses in excess of $250 per person. Medical expenses include insurance co-payments and deductibles and all expenses incurred for reasonably necessary medical services and supplies, including but not limited to surgical, dental and optical services, and orthodontia. Medical expenses do not include cosmetic, chiropractic, psychiatric, psychological or other services unless specifically directed in the order of court.... Read More

If you take the car and leave he will stop making payments. If you don't make them, the car will be repossessed. If the car was purchased during the marriage, it is marital property and you have an interest in it. If the police stop you and you have proof you are married to the registered owner, they probably won't give you a problem.... Read More

In Pennsylvania, you are not required to deal with custody and divorce in the same case. In fact, in your situation, jurisdiction for custody may not be in Pennsylvania, since the other state is now the child's "home state." You can still file for divorce in PA, since you are a resident here.... Read More

A case can be filed in any county that either party reside.  The only residency restriction is that the filer reside in PA for more than 6 months. You can challenge the venuw based on the circumstances and argue that the case would be better heard in the marital county.  But it is up to the judge to decide whether to move it. As a practical matter, a case can be resolved without any court appearance so it may not matter where it is heard.... Read More

You have no obligation to change your name after marriage.  You did not have to change your name when you became married and you don't have to do so now.  A name change is merely a convenience allowed by the law without having to file a Petition to Change Name which is required in non divorce matters. ... Read More

Marital debt is that debt occurred during the marriage.  Regardless of whose name is on the debt,  it is marital.  However, if you are referring to a mortgage, as a practical matter, it will effect the equity in the home anyway.  So, the marital interest is only the equity less any costs of sale. ... Read More

Only way you can get him out is if he agrees, you file and get a PFA order, or you hire an attorney to file a motion for exclusive possession. As far as ownership in the house, if you acquired it before the marriage it is non marital property and he only has a claim to the increase in value from the date of marriage to the date of separation . if it was acquired during the marriage, it is considered to be marital property and he will have an interest in the home.... Read More

There is no limit to how long you can receieve alimony.  It is based on 13 factors, including length of marriage, and earning capacity.  You have a good case for arguing that you should recieve it for many years.  The exception to that would be if there are marital assets that could fund your retirement.... Read More