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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 8
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Pennsylvania

Recent Legal Answers

¿After divorce, will I be entitled to some portion of my husband's pension?

Answered 10 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
A percentage of the portion he earned while you were married, plus any increase to that portion after you separated. Be careful though, pensions are very difficult areas of law to deal with in divorce.
A percentage of the portion he earned while you were married, plus any increase to that portion after you separated. Be careful though, pensions are... Read More

Am I entitled to money in our joint savings account if some of the money was from the sale of "his" house?

Answered 10 years and 11 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Once the money is put in a joint account, it becomes a marital asset.
Once the money is put in a joint account, it becomes a marital asset.

in the state of Pennylvania, does it matter which party files for divorce?

Answered 11 years ago by Matthew R. Nahrgang (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Because Pennsylvania is a no fault divorce state, the designation of plaintiff or defendant really has no bearing on the outcome of substantive issues.  Rather, the plaintiff is merely the one who filed and the defendant is the one who didn't.  Either party can move the case forward but the plaintiff may be denied alimony pendente lite, alimony pending the litigation  (APL), on an ongoing basis if he or she doesn't try to move the case along.... Read More
Because Pennsylvania is a no fault divorce state, the designation of plaintiff or defendant really has no bearing on the outcome of substantive... Read More

Separation of assets

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Only if she comingled the cash. In other words, if she kept the proceeds in an account that was only hers, no, you cannot.
Only if she comingled the cash. In other words, if she kept the proceeds in an account that was only hers, no, you cannot.

divorce

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you're not sure, it probably was not finalized. You can call the Prothonotary/Clerk of Courts in the county where you filed and they should be able to check for you. If the divorce was never finalized, you will most likely have to refile.
If you're not sure, it probably was not finalized. You can call the Prothonotary/Clerk of Courts in the county where you filed and they should be... Read More

i put the down payment on house and we are splitting up. we are not married. will i get the money i put down back when we sell house

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have documentation, I would argue you are indeed entitled to the $30k plus 50% of the remaining equity in the house. This matter might have to be litigated, however. I believe you have valid legal ground to stand on.
If you have documentation, I would argue you are indeed entitled to the $30k plus 50% of the remaining equity in the house. This matter might have to... Read More

If my husband filed for divorce and we signed everything, will I get some type of notification in the mail for the divorce decree?

Answered 11 years ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
If you did this yourself there is no telling what will happen. If you did this through an attorney, and everything was done correctly, you should have received a divorce decree in the mail. Call your local family division prothonotary and find out if there was a divorce granted and how to obtain a copy of the decree.... Read More
If you did this yourself there is no telling what will happen. If you did this through an attorney, and everything was done correctly, you should... Read More

can i collect support after living with spouse 12yrs married 6 months i never work

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes, if you are separating you should file for spousal support and alimony pendente lite.
Yes, if you are separating you should file for spousal support and alimony pendente lite.

I would like to file for an uncontested divorce in Philadelphia PA.

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It's hard to navigate the process alone. Many lawyers will charge between $500-$1,500 for an uncontested divorce. Our firm does it for $500.
It's hard to navigate the process alone. Many lawyers will charge between $500-$1,500 for an uncontested divorce. Our firm does it for $500.

My existing bank account that is my name

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Yes and no. If you put money in and took money out during the marriage, it's a marital account even if not jointly titled. That being said, I would advise you to close the account immediately and put the money in a new account. Save all statements, withdrawal slips, and deposit slips, for that money may have to be accounted for in equitable distribution.... Read More
Yes and no. If you put money in and took money out during the marriage, it's a marital account even if not jointly titled. That being said, I would... Read More

How will my value to business be determined?How can i use seperation date not settlement date to determine value of business?

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You cannot value your own business. I mean, you can certainly put a value on it, but it's only your opinion. The best thing for you to do would be to hire a forensic accountant to value your business as of the date of separation. Marital assets are valued as of the date of separation.
You cannot value your own business. I mean, you can certainly put a value on it, but it's only your opinion. The best thing for you to do would be to... Read More

divorce question

Answered 11 years ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If you have lived in Pennsylvania for at least 6 months, you can file for divorce. You will have to serve your spouse with the divorce papers. It's best if you have someone hand them to her and then sign an Affidavit of Service.
If you have lived in Pennsylvania for at least 6 months, you can file for divorce. You will have to serve your spouse with the divorce papers. It's... Read More

Can I date while separated?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Sure. As long as there is no dispute as to when separation was, which it sounds like there is not. Marital infidelity can be a factor in alimony but marital infidelity has on impact after the date of separation.
Sure. As long as there is no dispute as to when separation was, which it sounds like there is not. Marital infidelity can be a factor in alimony ... Read More

Divorce question/Colorado or Pennsylvania

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If one of the parties lives in Pennsylvania, you can file there. If you have property in PA, it makes more sense to file there.
If one of the parties lives in Pennsylvania, you can file there. If you have property in PA, it makes more sense to file there.

What should I do if my attorney won't contact me?

Answered 11 years and a month ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Send him a letter via certified mail, return receipt, informing him you will be contacting the PA Disciplinary Board if he continues to ignore your inquiries. If this gets no results, proceed with filing with the D-Board. In addition, some counties like Allegheny have a fee dispute resolution committee as part of the county bar association. They will mediate fee disputes between lawyers and clients. You can also sue him but before doing so you may want to consult with an attorney.... Read More
Send him a letter via certified mail, return receipt, informing him you will be contacting the PA Disciplinary Board if he continues to ignore your... Read More

if mediator filled out divorce paperwork how do i proceed with filing it with the court

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
The easiest way to get an answer is to go to your county Prothonotary/Clerk of Courts and ask. They will tell you the exact fees and what needs filed first.
The easiest way to get an answer is to go to your county Prothonotary/Clerk of Courts and ask. They will tell you the exact fees and what needs filed... Read More

I filed for divorce in 2013. My spouse recived an accident settlement which is considered marital proerty in my state. i was married for 25 years.

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If there's a written agreement, his lawyer should be holding your share in escrow. If it was a verbal agreement, it should still be binding. Your (new) attorney can enter into a consent order with his attorney to release the funds or petition the court to order release of the funds.
If there's a written agreement, his lawyer should be holding your share in escrow. If it was a verbal agreement, it should still be binding. Your... Read More

Is there a specific form to fill out to terminate a heterosexual domestic partnership?

Answered 11 years and a month ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You can just separate. If you have assets you need to distribute, you'll need to come to an agreement for distribution of property.
You can just separate. If you have assets you need to distribute, you'll need to come to an agreement for distribution of property.

Who owns the home if it was purchased before the marriage and only my name is on the deed?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Attorneys need more information to answer this-especially in regard to how long you were married. Generally, if purchased before the marriage, it is non marital but the spouse would have an interest in any increase in value of this house from the date of marriage to the date of separation.... Read More
Attorneys need more information to answer this-especially in regard to how long you were married. Generally, if purchased before the marriage, it... Read More

Is it legal for my husband's ex wife to use Mrs. in front of her name in a newspaper when I'm his legal wife?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Probably not a crime or grounds for a lawsuit.
Probably not a crime or grounds for a lawsuit.

If a no fault divorce is finalized and my name is still on the house with ex, do I still have rights to half after the sale?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You really need an attorney to look at the paperwork. The rights to the house should be addressed in a marriage settlement contract which it sounds like you don't have. If you are on the deed as husband and wife, you still have an interest in the house.
You really need an attorney to look at the paperwork. The rights to the house should be addressed in a marriage settlement contract which it sounds... Read More

My ex-wife refuses to sell our property but I want out of the mortgage and off of the deed, what are my options?

Answered 11 years and 2 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
If you are both on the deed, you need her signature and yours to sell. However, even if you both sign, it is most likely you cannot sell without the approval of the mortgage company.
If you are both on the deed, you need her signature and yours to sell. However, even if you both sign, it is most likely you cannot sell without... Read More

Can i get a divorce without my spouses consent.

Answered 11 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Absolutely. The 2 years' separation is the key. He doesn't have to sign anything for you to be granted the divorce. The costs will vary, but most likely in the $800-$2,000 price range.
Absolutely. The 2 years' separation is the key. He doesn't have to sign anything for you to be granted the divorce. The costs will vary, but most... Read More

can i get an annulment

Answered 11 years and 2 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Annulments are rare in Pennsylvania. You have to establish that, legally, a marriage did not exist in the first place. A simple no-fault divorce is probably the easiest route to take.
Annulments are rare in Pennsylvania. You have to establish that, legally, a marriage did not exist in the first place. A simple no-fault divorce is... Read More

What happens when a couple divorces and they own a home with an upside down mortgage?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Either both or one of you needs to accept ownership and the balance of the mortgage in your divorce settlement negotiations.
Either both or one of you needs to accept ownership and the balance of the mortgage in your divorce settlement negotiations.
Divorce
Pennsylvania

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