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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 9
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Recent Legal Answers

Can I get any of this settlement before my wife turns 55?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You would need to ask someone who knows all the details of your case, like your attorney. It is possible if she has a sizable asset which is subject to an equitable distribution claim.
You would need to ask someone who knows all the details of your case, like your attorney. It is possible if she has a sizable asset which is ... Read More

how much will cost to get a divorce if he and she agreed

Answered 11 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
If it's that straightforward and no property for the attorney to deal with and no custody, typically between $500-$1,500, depending on the attorney. I charge a flat $500 for such a case. Jack Puskar Washington, PA
If it's that straightforward and no property for the attorney to deal with and no custody, typically between $500-$1,500, depending on the attorney.... Read More

Is it wrong to keep my money

Answered 11 years and 3 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Was there a written fee agreement? There should have been detailing whether the money was non-refundable or not. You may have to sue the attorney at the magistrate to recoup the fees.
Was there a written fee agreement? There should have been detailing whether the money was non-refundable or not. You may have to sue the attorney at... Read More

Does she have a right to retain a key to the property?

Answered 11 years and 3 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
These are terms that you should discuss with your attorney and I advise they be included in the marriage settlement agreement.
These are terms that you should discuss with your attorney and I advise they be included in the marriage settlement agreement.

At what point in divorce filing is it recommended to file the form "praecipe to transmit record"?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
It is not recommended, it is in the Rules of Civil Procedure. I cannot recall off the top of my head, but it is after you have filed all the other necessary paperwork-the complaint, affidavits, waivers and notice of intentions.
It is not recommended, it is in the Rules of Civil Procedure. I cannot recall off the top of my head, but it is after you have filed all the other... Read More

How do I write a letter contacting his employer regarding his 401k?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You really need an attorney. If you were awarded half of a 401k in a marriage settlement agreement or in a court order, that is fine, but there is a lot more work to do which needs to be done promptly, so what you fear does not happen.
You really need an attorney. If you were awarded half of a 401k in a marriage settlement agreement or in a court order, that is fine, but there is... Read More

Can a wife take her husband off her medical insurance while they are separated?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Normally, this isn't allowed while married, unless there is an order of court. If you go to a support hearing and the husband agrees to it and signs a consent order to that effect, it can be done.
Normally, this isn't allowed while married, unless there is an order of court. If you go to a support hearing and the husband agrees to it and ... Read More

HOW DO I FILE FOR DIVORCE IN PA WITHOUT SPOUSES ADDRESS..ETC?

Answered 11 years and 4 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You have to file then make a motion with the court for service by publication. Once the court grants that, you will have to follow the publication instructions in the Rules of Civil Procedure.
You have to file then make a motion with the court for service by publication. Once the court grants that, you will have to follow the publication... Read More

Are the participants in a domestic partnership liable for alimony or any financial support if it ends?

Answered 11 years and 4 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
I do not believe so.
I do not believe so.

Am I allowed to date yet?

Answered 11 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Assuming you are married, you can date as long as you are separated. I think the fact that you have moved out counts as separated.
Assuming you are married, you can date as long as you are separated. I think the fact that you have moved out counts as separated.

Can my son legally get a family heirloom diamond stone back after his divorce?

Answered 11 years and 5 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
There was some old law on this, called the Heart-Balm Act, which basically said that if the ring was given in anticipation of marriage, the woman did not have to return it. I would hire a lawyer to look at all the facts, including her statement as maybe the gift was viewed as conditional at the time.... Read More
There was some old law on this, called the Heart-Balm Act, which basically said that if the ring was given in anticipation of marriage, the woman... Read More

How do I take my name off the deed if we are separating?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
As long as there is no mortgage, either or you can take your name off the deed by having a new deed prepared which both of you sign as grantors, to the one of you that wants to keep the house, as grantee. It takes both of you to transfer ownership as both of you own it. The one of you who gets the house, takes it subject to the back taxes.... Read More
As long as there is no mortgage, either or you can take your name off the deed by having a new deed prepared which both of you sign as grantors, to... Read More

Are we legally divorced or will I still have to file for one if I have been separated from my husband for ten years now?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
One of you has to file a complaint and all of the subsequent paperwork. It is not automatic.
One of you has to file a complaint and all of the subsequent paperwork. It is not automatic.

Is spouse able to get my retirement if she committed adultery?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
Probably. Marital misconduct is one of the factors in the Alimony statute, but I don't believe it is a factor in the Equitable Distribution statute. In other words the judge can give her less alimony for her affairs but not less property (i.e., pension, cash, etc.) for her misconduct.
Probably. Marital misconduct is one of the factors in the Alimony statute, but I don't believe it is a factor in the Equitable Distribution... Read More

Can I sue my ex-husband to pay for the fees and costs of the divorce?

Answered 11 years and 6 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
In a divorce proceeding, one party can ask the court for attorneys fees and costs, and will get them, if there is enough disparity in income.
In a divorce proceeding, one party can ask the court for attorneys fees and costs, and will get them, if there is enough disparity in income.

I've been married for 13 yrs. what am I entitled to?

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Sympathy.                                                 ... Read More
... Read More

Same sex divorce

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
I filed and obtained probably the first same-sex divorce in PA for a couple. You file like you would for any divorce.
I filed and obtained probably the first same-sex divorce in PA for a couple. You file like you would for any divorce.

Does my husband have to pay me as part of our agreement in separation?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
You need to go to court and file for support. As for the car, you could file a police report however the police will unlikely want to be involved as they will tell you this is a civil matter.
You need to go to court and file for support. As for the car, you could file a police report however the police will unlikely want to be involved... Read More

what is next step to firing hired lawyer.

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
Send him a letter telling him he is terminated effective immediately and to send you a final billing statement.
Send him a letter telling him he is terminated effective immediately and to send you a final billing statement.

I filed for a no fault divorce in 2002 or 2003, my husband still won't sign. I don't have the finances to hire another lawyer, what can I do?

Answered 11 years and 7 months ago by John Karl Puskar (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
You would have to amend that original complaint to a 3301(d) complaint--separated for more than 2 years--and proceed accordingly. Follow, carefully, the requirements under Pennsylvania Civil Rules of Procedure 1920: http://www.pacode.com/secure/data/231/231toc.html  
You would have to amend that original complaint to a 3301(d) complaint--separated for more than 2 years--and proceed accordingly. Follow, carefully,... Read More

Will a post-nuptial agreement hold up in a divorce?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
No one can answer this without knowing more about the circumstance of him signing this-i.e., was he competent, etc. and the significance of the assets he is giving up per this document. A judge would probably not on his own volition, strike down the agreement. The only person that could challenge it would be your husband or his attorney. In other words, the judge would appear to lose his impartiality if he did so.... Read More
No one can answer this without knowing more about the circumstance of him signing this-i.e., was he competent, etc. and the significance of the... Read More

Do I have any grounds to contest my wife’s divorce petition?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
PA is a no fault divorce state so she needs no reason to file nor is infidelity a cause for divorce. If she was unfaithful at any point from the date of marriage to the date of separation, you can raise that as a defense to alimony.
PA is a no fault divorce state so she needs no reason to file nor is infidelity a cause for divorce. If she was unfaithful at any point from the... Read More

Should I contest this split and seek a judgment to split all our equitable property equally including pensions, 401k’s and property?

Answered 11 years and 7 months ago by attorney William R. Pelger   |   1 Answer   |  Legal Topics: Divorce
I would review all the details-the type of assets, the dollar amount, etc. with an attorney to see if you can get a better deal.
I would review all the details-the type of assets, the dollar amount, etc. with an attorney to see if you can get a better deal.

divorce after being married 3 months

Answered 11 years and 7 months ago by Joshua Janis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
It may be possible to obtain an annulment, but often times there is no difference or additional benefit to doing so as compared to just getting a divorce.  As a matter of fact, obtaining an annulment can often times be lengthier and more expensive than just getting a divorce.  Speaking with an experienced attorney will help you determine the best way to proceed. ... Read More
It may be possible to obtain an annulment, but often times there is no difference or additional benefit to doing so as compared to just getting a... Read More

free or low cost divorce

Answered 11 years and 7 months ago by Joshua Janis (Unclaimed Profile)   |   1 Answer   |  Legal Topics: Divorce
There is no way to file for a divorce that is completely free, as you will need to pay filing fees with the Court to initiate the action. This cost varies from county to county depending on where you file.  In regards to the cost of an attorney doing it for you, that varies as well and the only way to ascertain if you can afford one is to request a free consultation so that you can get an estimate of the total cost. ... Read More
There is no way to file for a divorce that is completely free, as you will need to pay filing fees with the Court to initiate the action. This cost... Read More
Divorce
Pennsylvania

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