Pennsylvania Divorce Legal Questions

You can always file documents in court yourself.  The reason people hire attorneys is to simplify the process.  You will be held accountable to the same rules an attorney is so familiarize yourself with the local rules on service and filing fees.  Most counties offer a divorce packet and you can check with the legal library at the courthouse.  The packet will provide you the necessary forms and paperwork to file with the prothonotary.  Generally, the court charges between 400 and 500 for a divorce.  The process usually takes 3 - 4 months to complete.  ... Read More

If he agrees, it will be easy. If he does not agree, he can hold the divorce up for two years. In addition, as he is in jail, he is indigent and will need to petition the court for counsel which will drag things out. My suggestion is to have him served while he is in jail as it will be hard for him to avoid service. Consult with a lawyer as to the best way to serve him.... Read More

Alimony is different than spousal support.  Spousal support is paid BEFORE the divorce is final.  If you are talking about that, and your husband says he can't afford it, you can always go to the court, file a petition asking for spousal support, and then have a hearing and let the court decide.  If you husband is paying for a storage unit and you get a beneift out of that payment (for example, there is furniture in the unit that you could say is yours), then his payment may be considered by the court as it makes its decision about how much support is owed to you.  but, without knowing anything about your income, his income, whether you have children, other expenses, etc., i cannot even guess at what would be a correct support payment for you. Alimony is a payment to an ex-xpouse, after a divorce has been finalized. There are several factors a court will use to determine whether alimony should be paid and one, but only one, is who is paying the marital debt.   These are complicated subjects.  It may be beneficial for you to consult with an expereicned family law attorney to help you sort through your rights concerning spousal support and alimony. Best of luck! ... Read More

sure.  if they both agree.  and they both understand what they're agreeing to.  buy by excluding it now, you may be asking for trouble later, when you try and determine how that propoerty is going to be distributed.  sometimes it's a better idea to do it now, when the court can assist if it becomes impossible to agree on what to do with the property.... Read More

i'm not sure what you mean by uncontested.  Did your Complaint say only that you wanted a divorce, and did not include anything else?  if that's it, and now you want the Court to be involved with the economic aspects of the case, or any other aspect or your case, you can amend the Complaint to include whatever else you want the court to be involved in.  i hope this helps.  ... Read More

once the divroce is filed and served on the other person, there is a 90 day waiting period in PA.  after the 90 days are up, if both parties imediately sign all necessary divorce finalization papers, you could be divorced within a week or two, depending on how quickly the court reviews your documents and issues a decree.... Read More

your husband can't force you out of a house, or force a sale of a house, unless and until he gets a court order saying you have to do these things.  getting that order takes a lot of work, and usually means a divorce been filed.   most divorce cases end in a negotatied settlement, without the court issuing orders to force a sale or force someone to leave.  if you and your husband are going to stay separated, eventually you WILL have to decide what to do with the house.  but unless he gets a court to agree with him, he can't FORCE you to do anything.  good luck!... Read More

If he is an ex spouse and you have a marriage settlement agreement that was part of the divorce decree in which he is ordered to pay the loan, you have recourse through the courts. Otherwise, you don't have much. You say your name in on the title to the car and his name is not? Then repossess the car. Once you get it, change the ignition, keep it secured, sell it and try to settle with the lender.... Read More

In PA, your wife would probably not be entitiled to claim the entire value of your house as a marital asset.  but if your house increased in value after you were married, the increase in value probably would be considred a marital asset.  so, for example, if the house was worth $120,000 and now it's worth $150,000, the $30,000 increse that occurred during the marriage is a marital asset. that does not mean your wife gets $30,000.  it means she may be entitled to some equitable (fair) portion of the increase in value. (obviously, if the increase is less, or if there is no increase in value, then your wife gets less, or nothing, from this asset)  what's equitable (fair) in your case is different from what's fair im someone else's case; it's a case-by-case individualized determination. and i can think of circumstances where what is said above could be incorrect, bcuase there are different facts that would change things.  so... you should consult with an experienced divorce attorney to discuss the specifics of your case.  best of luck!... Read More

In PA, spouses are obligated to support each other, and paying for car insurance can be consdidered one form of support.  But, if he's already taken you off the policy, the only to get him to put you back on is 1.  reach an agreement that he does it, or 2.  if you can't reach an agreement, then file a petition w ith the court to force him to put you back on.  Depending on lots of other circumstances, you might be able to get him to pay your attorney fees because you have to file this type of a petition.  You should consult with an experienced divorce attorney about this problem.... Read More

If it was in wife's name before you got married, it is non-marital property, thus you only have an interest in an increase in value of the house from the date of marriage to the date of separation. If you have put a significant amount of your money into this house to improve it, your attorney can make that argument and try to recoup some of these financial contributions but it is a slippery slope as they may be considered contributions to the marital estate. If the house was bought during the marriage but put in her name for whatever reason, it is considered to be marital property and you are entitled to a fair percentage of it. People often think 50/50 and that is often the formula used when a husband and wife are on equal financial footing at the time of divorce. However, if the husband's income or earning potential is more than the wife's, the court may split 60/40, 70/30, etc. PA is an equitable distribution state when it comes to splitting up marital assets.... Read More