Pennsylvania Divorce Legal Questions

It's a complicated question and only can be answered by someone who has all the facts about your finances, specifically, what was the value and composition of marital estate when you separated. Generally, no, marital property is property acquired between the date of the marriage and the date of separation. So, since you bought this house after separation, it is not marital property and he should have no claim to it. However, where it could be complicated is if you used marital funds to by this home. For example if you used joint savings to purchase it or put a big down payment on it. When your divorce ever goes through property settlement, this money may have to be placed back into the marital "pie" and divided equally. You should consult with a lawyer to be safe.... Read More

Marital assets are defined as property acquired during the marriage until the date of separation.  That includes any increase in value of any pre marital asset.  So, if your spouse’s retirement account and pension have increased in value during the marriage, you are entitled to a share of that.   If you are located in the Delaware Valley, feel free to call or e-mail me on a free initial basis. ... Read More

Generally, debts incurred after the date of marriage, to the date of separation, are marital.  An exception would be debts incurred soely for the benefit of one spouse.  If you are separated, they would not be marital debt, and in any event, they are clealry incurred by him alone.  So, as long as the cards are in his name, only, you should be fine.... Read More

Marital property is defined as property acquired from the date of marriage to the date of separation.  That includes any increase in value of assets that are premarital.  There is no specific percentage assigned for asset division.  Rather, it is on a case by case basis based on numerous factors such as income, earning capacities, and any separate assets.  So, if the pension was started after the marriage began, it is all marital until separation.  Otherwise, only the increase in value during the marriage is marital.  Also, unlike community property states that divide each asset, PA looks at the marital pot and divdes it in the most equitable manner. Accordingly, one such division could provide that your husband have all the pension, or you have all the pension, and the other party has more of other assets. I trust this answers your question, and if you are in the Delaware Valley, feel free to call or e-mail on a free initial basis. ... Read More

Unless there is a cout order restricting a spouse's use of assets, you are free to spend your money, especially on attorney's fees.  The only general restriction on parties is that they not waste or dissipate assets.  For example, gambling away a marital asset would clearly be prohoibited.  But spending money on household expenses, attorney's fees, and similar matters is perfectly acceptable. I trust this answers your question but, if you live in the Delaware Valley,  feel free to call or e-mail on a free initial basis.  ... Read More

Nearly all agreements contain a standard clause that the agreement may only be modified by another written agreement of the parties. Even without such language, all agreements can certainly be modified by written agreement, as that is the very nature of agreements. However, the court should have incorporated your agreement thereby making it also a court order.  To achieve the same effect with the modification, I strongly suggest the agreement be framed as a stipulation with court approval.   If you live in the Delaware Valley, I am more than happy to advise you on this, or you should seek the advice of local counsel.... Read More