Pennsylvania Divorce Legal Questions

If your company is providing the coverage, they will probably not take her off without a court order, but ask them. If you are paying privately and there is a support order that directs you to pay, probably not. If you are paying privately and there is no support order and you take her off, she will have to file a support claim to get back on.... Read More

The taxing authorities don't care how it's paid as long as one person shows it as an expense and the other as income.  That way it balances out.  If, however, your spouse does not show it as income, an issue will arise. While I often give my initial opinion regarding such matters, I then suggest that an accountant be consulted as this is more properly a tax question.  ... Read More

Simply by being served, a party does not waive their right to challenge personal jurisdiction.  For the same reason, service does not necessarily mean a case will remain in that venue.  Rather, both personal jurisdiction and venue can be challenged.  However, if either one of files any pleading in the other jurisdiction other than challenging jurisdiction or venue, that person may then have waived arguments to both. Personal jurisdiction involves a question of whether a person can be expected to be sued in a given venue.  It is difficult to challenge and will be waived upon any substantive conduct in the case. Another cleaner argument is known as Forum non conveniens (Latin for "forum not agreeing").  You would argue that, while the court could hear the case, it shouldn’t do so because most of the witnesses and evidence is located in another jurisdiction.  Generally, in a divorce case, the state where the marital residence was is the proper forum and should take precedence. I trust this answers your question but feel free to call or e-mail me on a free initial basis.     ... Read More

So, you can certainly file a divorce complaint, allege the 2 years, and serve her with the complaint as well as an affidavit of separation.  You will also need to serve her with a counter affidavit for her use in contesting if she wants to do so, and a notice of your intention to seek a divorce decree. I always advise obtaining an attorney for a divorce as it will be well worth the relatively small fee.  Of course, if she contests the divorce, either claiming you were not separated  2 years or she wants economic relief such as assets or alimony, the fees will likely be higher.  Only time will tell which way it will go. If you are located near Montgomery County, feel free to call or e-mail me on a free initial basis.... Read More

There are 2 economic issues in a divorce: distribution of marital assets and debts, known as equitable distribution, and alimony.  Until you are divorced, if you make less than him, you can file a complaint for temporary alimony (APL, Alimony Pendent Lite, Alimony Pending the Litigation).  Marital property is defined as property acquired during the marriage or the increase in value of pre marital assets.  While the relatively short time would suggest there may be little if any marital assets, perhaps that is not the case.  You should speak to an attorney to explore your rights and feel free to call or e-mail me on a free initial basis.  ... Read More

There is an exception when both parties waive any conflict in writing.  However, that is not favored.  Rather, you should assume the lawyer represents your husband and act accordingly.  If you are unsure what documents you have received require you to do, if anything, you should consult an attorney.  I assumed you were referring to a divorce complaint, but there is no time frame for a response to a divorce complaint, as no response is required at all.  I would be happy to review the documents you received and advise you on a free initial basis.  Feel free to call or e-mail on a free initial basis.... Read More

If you were aware of the practice and it was not included in the property settlement in your divorce, you should go back to the attorney who represented you in the divorce and ask why.  There may have been some very good reasons, such as difficulty in evaluating it.  If there is no property settlement or equitable distribution as part of the divorce, you might have a claim, but the question would be whether or not it is worth the money.... Read More

You need to see a lawyer immediately who practices family law in your county. You have all kinds of divorce law issues-possible PFA, spousal support, and upcoming equitable distribution of the home and custody. If your name is on the mortgage, you will not be able to get off of it until your divorce is settled unless your husband lets you out which is unlikely.... Read More

As a general rule, there is an obligation to support your spouse and your children, even if you are in the process of a divorce.  If you have not contacted an attorney about the divorce, you can probably file for support at your county domestic relations office.  Make sure to include any expenses that you have because of your children's special needs.  The domestic relations office will calculate the amount of support due based on you and your husband's combined income.  If your children are receiving SSI benefits, then they will be factored in as well.  During the support process, there will also be a review of medical insurance and responsibilities for medical expenses.  Good luck.    ... Read More

In the divorce proceedings, what she has run up on the card may not be credited to you when your property and debt is resolved in a conciliation or hearing. The problem is that you are both liable to the credit card company if you let this thing go. I would call the credit card company and tell them to close the account and send them a certified letter telling them the same. Keep a copy of the letter. You may want to hire a divorce lawyer to file a petition that requests the judge to issue an order to remove you from the account or close it. Consult with a divorce attorney immediately before your credit is ruined.... Read More

There are several documents that must be filed to obtain a decree: 1.  a divorce complaint alleging a 2 year separation. 2.  that must be filed and served on the other party who will sign an acceptance of service. 3.  The Plaintiff who filed the complaint must file an affidavit of separation, and serve that on the other party.  Plaintiff files a certificate of service of that document. 4.  You can each file waivers of notice of the filing of a praecipe to transmit the record which is a request for a divorce decree.  There are other documents which must be filed as well.  I strongly urge anyone who is seeking such a divorce to hire an attorney as it will make the process much smoother and assure all the documents are filed correctly and timely.  If it is done properly, subject to the particular county and the particular judge who acts on his or her own schedule based on their case load, you can obtain a decree in as fast as 45 days.  I have done so. Of course, the 90 days is only the earliest day that parties can move in a non separation case and it does not effect how fast the court moves once the proper documents are filed. Feel free to call or e-mail me on a free initial basis.    ... Read More

Rather, other than younger children, say under 8, the court can and often does interview the child and determines the child's point of view.  According to the rules, such an interview must be outside of the parents presence to avoid any influence. I was successful at obtaining a reversal on appeal to the Superior Court where a trial court refused to consider the views of the 3 children ranging in ages from 8-14.  The Superior Court admonished the trial court that the court must always at least listen to the child, when that is requested, although the weight to be given the child's choice is in the court's discretion.  So, the child can have his or her say, but it is ultimately up to the court. I had another case where a 16 year old’s preference was completely disregarded by the court.  So, you never know what a given judge will do in any given case.  ... Read More

There are 2 ways divorce cases with economic claims are resolved: 1)by agreement, or 2) court order.  In number 2, I am not referring to the divorce decree which incorporates any agreement.  Rather, if the parties had to litigate, a distribution will have been determined by the court as opposed to their own agreement. In either event, whatever rights the parties have regarding a buyout or any other matter will be detailed in the agreement or the order.  Both may be enforced as an order of court which is the purpose of incorporation into the divorce decree.  If the agreement or order are not clear, the court may require that the buyout occur within a reasonable time which is decided on a case by case basis. I hope that answers your question but feel free to call or e-mail on a free initial basis  ... Read More

Many counties have a prothonotary where pleadings are filed.  Other counties call it the Clerk of Courts.  Delaware County has a unique name for the office which is known as the Office of Judicial Support. In any event, many counties have the appropriate form on the web, which is known as the Notice to Retake Maiden Name.  Once that is filed, that will be proof of your maiden name being official. ... Read More

My fees are less than the quoted mediation so you would likely find them affordable. While it is possible to spend hours upon hours trying to teach yourself the law, I don't recommend it for a divorce.  Some people learn to be plumbers, mechanics, and nurses.  Others learn to be lawyers.   The practice of law, like those other fields, requires much study, effort, and experience to assure that the client is properly represented and has the best result under the circumstances.  The overwhelming majority of lawyers who don't practice in a given area, won't try to learn it overnight as that is a disservice to the client.  How much more so is that true for someone with no legal background. So, I strongly advise consulting an attorney and you may be pleasantly surprised by the cost and the peace of mind at having it handled smoothly and for an affordable fee.     ... Read More

Spousal support is obtained by filing a complaint in your county Domestic Relations Office (DRO).  Any spouse who is separated and earns less than their spouse is entitled to file.  However, your husband can challenge your right to spousal support claiming that you were at fault, also.  That may seem far fetched but it is a common tactic and he has nothing to lose b trying it. A better approach is to file a divorce complaint and then file a complaint for APL in DRO.  There is no question of entitlement to APL and you would receive the exact same amount.  The amount is 30% of the difference between your 2 net incomes.  You can, and should, also file for child support at the same time in the same complaint.  That figure is based upon guidelines and a comparison of your incomes with an adjustment based upon the APL to be paid also. For a determination of the approximate figures, you can consult the child support estimator found on the PA website.  This is the link to the PA child support site and the estimator link is on that page.  https://www.humanservices.state.pa.us/csws/home_controller.aspx I suggets you speak to an attorney and I am available by phone or in person on a free initial basis.    ... Read More

She probably won't get half the house. All marital property is subject to equitable distribution. Equitable distribution means that the court fairly divides the property, not divides it in half. Length of the marriage-date of marriage to separation-is one of the factors in the equitable distribution statute. First, it sounds like the house is premarital property. Instead of having an interest in the house, she would have only an interest in the increase in value of the house from the date of marriage to the date of separation. Since the marriage only lasted 4 months, the court, at least where I practice, is likely to award her very little of anything. Marital misconduct I believe is one of the things a court can consider in determining alimony. I think, unless you married a totally unemployable, helpless person, she gets very little, if anything. Hire a lawyer and get your marital misconduct proof together in anticipation of a spousal support/alimony claim.... Read More

In order for a divorce to be granted as a no-fault, the parties must live "separate and apart" for a period of time.  If a divorce was filed, and then the parties reconciled for a period of time, that action is probably not one that can be revived.  A new action would have to be filed.  The same idea applies with respect to custody.  Courts will look at changed circumstances because once the parties are both living as a couple and they are raising their children, and will try to determine the best interests of the child in the current circumstances.  That does not mean that the parents could not agree to the same custody provisions in a new action. Talk to an attorney about the situation and the real options based on it.  Good luck. Penelope A. Boyd 610-692-3400 www.penelopeboydlaw.com... Read More

You should contact the attorney representing you in the divorce. Generally spousal support orders provide for one of the parties to pay for health insurance if there is insurance when the divorce is filed.  I am not aware of any cases involving Medicare supplements, and it is likely he did this because it is the  time of year for electing benefits. I really think you need to talk to an attorney who can fully understand your situation and advocate for you.  There are programs for seniors for reduced fee representation.  Contact your county bar association to find help.   good luck.... Read More