Pennsylvania Divorce Legal Questions

If property is jointly owned and not divided, it remains jointly owned.  There are 2 ways to divide property in divorce, by agreement or court order.  If an asset is jointly owned, but not addressed in distribution, each party maintains their state law rights. The same is true of all property.  There is no obligation to address property at all in a divorce and that is why the Notice to Defend and Claim Rights attached as the first page of the divorce complaint notes that a party may lose rights if not exercised.  Assume for the sake of discussion that all assets were titled in one person's name, the parties were married for 30 years with all those assets being acquired during the marriage, and a divorce complaint is filed.  Unless the other party seeks a division of the marital assets, they will lose any rights they had under the divorce code. The same is true with jointly owned property.  Unless it is divided, the state law rights apply and each party maintains whatever interest they had in that property before the decree.  If the house is not jointly owned, but only by you, you maintain sole ownership.  If the opposite is true, he maintains sole ownership.  ... Read More

A conflict of interest can arise when a lawyer represented you before.  Since the lawyer only represented someone who in essence was a stranger to you, there is no conflict.  Even if the lawyer wanted to represent a new husband of the ex-wife in another divorce, that might be allowed.  The restriction is only to the extent that the prior representation gives the lawyer an unfair advantage in the new representation. ... Read More

Divorce decrees must be enforced in each state.  That is based upon the full faith and credit clause of the U.S. constitution.  Each state must give effect to each other state's judgments and decisions. However, another inquirer to ask a lawyer had a case where the decree was a forgery.  So, you should talk to the court yourself and obtain a certified copy to be sure you are truly divorced. If you do not want the divorce, and you feel you were not served or have some other reason to contest it, you must do so through the Maryland court.  ... Read More

You cannot obtain relief against someone until the other party is served.  That is required by the due process clauses of the U.S. and PA constitutions.  It protects all of us from being deprived of life, liberty, or property without due process of law.  In the divorce scenario, the property right is the right to be married and claim any interest in assets or alimony.  Due process usually means the filing of some pleading and service upon the other person.  Service varies based upon the area of law and residence.  As an out of state resident, your husband can be served by certified mail.  But, of course, you have to find him first.  I usually suggest in such cases that the client hire a private investigator.  Simply to locate someone usually costs less than $1,000. ... Read More

Generally, you cannot be ordered to do what is impossible.  But it depends when you were ordered to do it.  If you were ordered to obtain insurance before you dropped her, then you likely violated the order.  If you weren't actually ordered to do it until January, I assume you made this argument at that time and the argument was rejected.  If you still have time to appeal, you should.  If not, the court may begin contempt proceedings and you can argue that it is not possible.  The court could make you responsible for all out of pocket expenses due to your failure to obtain insurance. ... Read More

If you file a joint tax return, you will be liable.  The only exception to this is known as the innocent spouse defense.  It holds that one spouse cannot be held liable for the wrongdoing of the other if the innocent spouse was ignorant of the wrongdoing and did not derive any benefit.  That is rarely the case because spouses often talk and there is usually a benefit to the other spouse by receipt and use of the income. I am not a CPA and you should consult one, but I believe you can file married but separate.  There is no liability in that event for the debts of the other. In divorce law, it is another matter.  All debts incurred during the marriage are marital debts.  Again, the only exception is when the other spouse did not receive any benefit.  I assume that is not the case here so she can seek a credit or your contribution for the taxes even if you file separately.  But at least you won't owe the IRS.... Read More

Pro Bono means for good but you may be able to pay your lawyer.  Payment would be made from marital assets or from your husband.  At a minimum, you should file a complaint in your county Domestic Relations Office (DRO) for spousal and child support.  Department of Public Welfare (DPW) should have made you do that already to reimburse them for any cash assistance.  ... Read More

PA allows for no fault divorce.  There are 2 no fault methods, consent and separation.  In the former, the parties must wait 90 days from the date the complaint was served to file consent forms and request a decree.  In the latter, you must be separated at least 2 years to request a decree. Any family law attorney in your area should be able to finish it for you or advise the reason for any delay. ... Read More

PA is a no fault divorce state.  You may want to blame her, but there is no legal reason to do.  Rather, if someone wants a divorce, they will ultimately get it. The first thing to do is contact an attorney in your area.  He or she will discuss how the case will proceed and what rights you have to the marital assets and temporary or permanent alimony, if any.  Each case is different so it depends on the assets and relative income of the parties. ... Read More

In Pennsylvania, the courts consider the length of the marriage, the earnings of each spouse, and the marital misconduct of either party during the marriage, and other factors, in deciding whether one party should pay alimony to the other and for how long it should be paid.  Alimony can be ordered for a definite period of time (until a specific end date) or an indefinite period of time (without a specific end date), whichever the court finds to be reasonable under  the circumstances of the case.  Generally, short term marriages result in short term alimony unless unusual circumstances exist.  ... Read More

If any of these pensions vested between the date of marriage and the date of separation, probably you have an interest. However, I am curious as to whether you preserved this interest when you signed off on the divorce. Usually, as part of the divorce, the pensions are split up via the QDRO process. I hope you didn't sign a marriage settlement agreement in which you waived all your rights to his property.... Read More

I think you have to wait until you are 18 unless you want to be a dependent child and have the child services agency monitor you. The other option is to go to court on a petition for emancipation and have a judge issue an order that says you are emancipated . You need to prove certain things and really need to talk to an attorney for specific information regarding this process.... Read More

The simple reason they seek a retainer in advance is to assure sufficient funds to pay their bill.  You cannot make the husband pay the bill in advance, but can seek reimbursement.  However, that is rarely granted.  In the interim, she coudl ask for temporary alimony, APL, which will provide her some money each month. ... Read More

If a divorce complaint is filed in PA, and you make less than him, you should obtain temporary alimony, also referred to as APL.  Until there is a custody order, you are free to leave the state with your daughter.  But you must be in the other state for at least 6 months to file for custody there.  Before the 6 month sis up, he can file here and seek an emergency order that you return the child to PA.  It does not mean that will be granted, but it is a risk.       ... Read More

However, if you economic issues, such as selling the home and distribution of proceeds, that must be resolved, first.  You can either do that by agreement, or a court will have to enter an order.  One of you should have an attorney to make sure the case moves forward one way or the other.  Also, an attorney can note what a court would do and suggest ways to save time, effort and expense by settling.... Read More

If you were divorced, she cannot come after you now for support or property unless your failing to do so violates a marriage settlement contract that was part of the decree. For example, if you had a marriage settlement contract and in the contract, if you agreed to pay alimony for 10 years, and now you don't pay, she can come after you by enforcing the contract.... Read More