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Pennsylvania Divorce Legal Questions

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433 legal questions have been posted about divorce by real users in Pennsylvania. Ask your question and dive into the knowledge of attorneys who handle your issue regularly. Similar topics to explore also include family law, adoptions, and child custody. All topics and other states can be accessed in the dropdowns below.
Pennsylvania Divorce Questions & Legal Answers - Page 7
Do you have any Pennsylvania Divorce questions page 7 and need some legal advice or guidance? Ask a Lawyer to get an answer or read through our 433 previously answered Pennsylvania Divorce questions.
Divorce
Pennsylvania

Recent Legal Answers

What exactly am I entitled to if my husband and I are agreeing to divorce?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Nobody can advise you if this is good deal unless they know all of the facts. It would be worth your while to talk to a divorce attorney.
Nobody can advise you if this is good deal unless they know all of the facts. It would be worth your while to talk to a divorce attorney.

How do I get my name off of the mortgage?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You cannot get your name off the mortgage until the mortgagee agrees to it. You will have to do whatever they demand in exchange for removing your name which is probably pay off the mortgage. They won't let you go until they get their money. Hopefully the home will sell. If not, you may want to speak with a bankruptcy attorney.... Read More
You cannot get your name off the mortgage until the mortgagee agrees to it. You will have to do whatever they demand in exchange for removing your... Read More

What would happen if I remarry but I already own my home?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
For you second marriage, the home will be considered to be pre marital property. She will only have an interest in the increase in value of the home from your date of marriage to the date of separation. So if your house is worth 100k when you get married and when you are separated it appraises at 120k, she has an interest (half is a general negotiating point) in the 20k increase in value which would be 10k. Have her sign a prenuptual agreement to waive her interest in the house altogether and you will never have to worry about it.... Read More
For you second marriage, the home will be considered to be pre marital property. She will only have an interest in the increase in value of the ... Read More

I am going through a divorce, if a child dies are both parties entitled to split the funeral cost 50/50?

Answered 10 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
There is no 50/50 rule. However the parties work it out is up to them. If you went to court on this, asking a Family Division judge to rule on which parent gets stuck with the kid's funeral bill, the judge would probably make the person who earns the most pay for the lion's share of it, or in proportion to respective income of each party.... Read More
There is no 50/50 rule. However the parties work it out is up to them. If you went to court on this, asking a Family Division judge to rule on ... Read More

Is there paperwork I can file on my own if ex is not complying with judge’s ruling?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
That stuff is tricky. you would be better off with a lawyer.
That stuff is tricky. you would be better off with a lawyer.

Am I still entitled to half my husband's liquidated 401k?

Answered 10 years and 8 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
No one can answer this without more information. There is no 50% rule. PA has equitable distribution which considers many factors-length of marriage, being one of them. Is it a marital asset or premarital property. If he liquidated the asset in anticipation of divorce, he will need to account for it and you may have a shot at recovering your share if there is anything left.... Read More
No one can answer this without more information. There is no 50% rule. PA has equitable distribution which considers many factors-length of ... Read More

how can I find a pro bono divorce lawyer

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Call your county Bar Association. If your county doesn't have one, call the Pennsylvania Bar Association.
Call your county Bar Association. If your county doesn't have one, call the Pennsylvania Bar Association.

Can my husband and I still run our business as a partnership if we file for divorce or do we need to dissolve the partnership?

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can file for divorce. If you want to accomplish splitting the assets, however, you should have that contracted in a Marital Settlement Agreement before you finalize the divorce.
You can file for divorce. If you want to accomplish splitting the assets, however, you should have that contracted in a Marital Settlement Agreement... Read More

change in spousal support?

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Absolutely. You can file in person for a modification at your local court house or you can file online for a modification now. https://www.humanservices.state.pa.us/csws/home_controller.aspx?PageId=General/PayorHome.ascx&l=E  
Absolutely. You can file in person for a modification at your local court house or you can file online for a modification... Read More

My wife filed for divorce in Florida I filed for spousal support in Pennsylvania. Which state will handle the support?

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Pennsylvania will handle the support. For enforcement purposes, however, they may transfer the order to Florida.
Pennsylvania will handle the support. For enforcement purposes, however, they may transfer the order to Florida.

Legally Disabled Woman needs Divorce

Answered 10 years and 8 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I suggest you contact your local county Bar Association. Many counties have low-cost or no-cost programs for low income clients.
I suggest you contact your local county Bar Association. Many counties have low-cost or no-cost programs for low income clients.

What are my chances of getting the house and support?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
No attorney can answer this without knowing more. those are possibilities. Talk to a lawyer.
No attorney can answer this without knowing more. those are possibilities. Talk to a lawyer.

My ex spouse quit his job after 18 years, he got a sum of money from profit sharing, how can I find proof he got it?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
if you are now divorced, you may have waived this by signing away your rights in the divorce. If he hid it from you and lied about it on his divorce inventory, you may have a case. You need to have an attorney review your divorce file to see what exactly you signed. If you did your divorce without any attorney, you may have waived your rights.... Read More
if you are now divorced, you may have waived this by signing away your rights in the divorce. If he hid it from you and lied about it on his ... Read More

How do I receive my half of tax return?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Tell your divorce attorney about it and hopefully when all of your property settles, this amount can be reimbursed to you.
Tell your divorce attorney about it and hopefully when all of your property settles, this amount can be reimbursed to you.

Is it possible for the ex wife to sue for pension after a few years of divorce?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
It depends what your divorce settlement agreement says. If there was no settlement agreement and she signed away those rights in the divorce, she cannot file for anything.
It depends what your divorce settlement agreement says. If there was no settlement agreement and she signed away those rights in the divorce, she... Read More

Where do I file for divorce if my spouse resides in a different state?

Answered 10 years and 9 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Where jurisdiction is. If both of you lived where you are at now, probably in the county where you live.
Where jurisdiction is. If both of you lived where you are at now, probably in the county where you live.

If the defendant goes to file a notarized copy of her Acceptance of Service, does this start the 90 day waiting period again?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Ask whoever sent you the letter what that all means. Yes, a party cannot serve the other party with a complaint in a divorce action.
Ask whoever sent you the letter what that all means. Yes, a party cannot serve the other party with a complaint in a divorce action.

If I chose to move, how long of amount of time do I have if there's a time limit at all?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You should hire a lawyer or you may find yourself out of your own home. You can file a motion for exclusive possession of the marital home through an attorney, but once she is out you may have to pay spousal support. It may be cheaper to leave her in the house but you really need to sit down with an attorney and review all of the facts.... Read More
You should hire a lawyer or you may find yourself out of your own home. You can file a motion for exclusive possession of the marital home through... Read More

my fiance and I are about to be married. We are applying for a marriage license. he had a common law ma p Are common law marriages filed in the county

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
They are not filed. Common law marriage was abolished in Pennsylvania in 2005. So unless he was common law married before that, you have nothing to worry about. If he was, he should file for a divorce.
They are not filed. Common law marriage was abolished in Pennsylvania in 2005. So unless he was common law married before that, you have nothing to... Read More

trying to get a divorce

Answered 10 years and 10 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's pretty straightforward. You'd be filing under section 3301(d) of the divorce code and her consent is not necessary.
It's pretty straightforward. You'd be filing under section 3301(d) of the divorce code and her consent is not necessary.

What am I entitled to after 19 years of marriage?

Answered 10 years and 10 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You may be entitled half or more of the marital estate. See a divorce attorney immediately.
You may be entitled half or more of the marital estate. See a divorce attorney immediately.

Since she is about to retire thru as a correctional officer, is my husband entitled to her pension?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
PA no longer recognizes common law. PA law does allow such marriages to be grandfathered in depending how long ago the alleged common law marriage predated the new law. I would go over all of the facts with a divorce attorney.
PA no longer recognizes common law. PA law does allow such marriages to be grandfathered in depending how long ago the alleged common law marriage... Read More

how can i obtain a text message transcript subpoena

Answered 10 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Have you filed for divorce? If so, you can subpoena her phone records. If there's no pending court action, you cannot serve a subpoena.
Have you filed for divorce? If so, you can subpoena her phone records. If there's no pending court action, you cannot serve a subpoena.

How do I take my spouse's name off the home title?

Answered 10 years and 11 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
It requires a deed, transfer, same thing. However, if both of you are on a mortgage on this home, you better obtain the approval of the lender before doing this. You will need to have a lawyer draft the deed and advise you about the mortgage, if there is one.
It requires a deed, transfer, same thing. However, if both of you are on a mortgage on this home, you better obtain the approval of the lender ... Read More

my name is on the mortgage solely the deed is in my husband and my name can i remove my name from deed and have my husband name only

Answered 10 years and 11 months ago by Eric Michael Gibson (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can't remove your name from the Deed without also having the mortgage refinanced. In your mortgage paperwork it will have a clause that says you are in default and your mortgage is due in full if you do this. When you took the loan you were saying to the bank that you had and would maitain an interest in the home. ... Read More
You can't remove your name from the Deed without also having the mortgage refinanced. In your mortgage paperwork it will have a clause that says you... Read More
Divorce
Pennsylvania

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