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Questions Answered by Karen Ulmer
1 Answer | Asked in Divorce and Family Law for Virginia on
Q: Just got info of my husband’s infidelity. Can I confront him?

Pictures and videos from last years of our marriage. How do I handle this?

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answered on Mar 7, 2024

Infidelity is something that can cause the breakdown of a marriage. You do not say if you are seeking a divorce or what the reason is that you want to confront him so it is difficult to answer your question, however, you can always discuss your issues and concerns with your spouse. I am sorry for... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I leave 100% of everything I own for my kids?

I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.

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answered on Mar 6, 2024

You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally... View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
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answered on Mar 6, 2024

Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More

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2 Answers | Asked in Family Law and Child Custody for Pennsylvania on
Q: Do I send my kids to their dad's if the person that's supposed to be supervising the visits leaves him alone with them
Karen  Ulmer
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answered on Mar 6, 2024

If the supervisor is leaving the children alone and there is a supervisor order then you need to file for contempt of court and have a court hear your case on an emergency basis. Supervision is put in place for a reason and you may have to file a Protection From Abuse to get an immediate hearing... View More

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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In the state of Pennsylvania, If my mother and I own a house together can we lose the house in my divorce?

It would be Philadelphia, PA - to be exact.

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answered on Jul 28, 2023

Hello. Property that is owned jointly with a third party is still marital, however, if you own it equally with your mom, only half of the property is marital for purposes of divorce. You need to look at your deed. The increase in value of the property during the marriage is what the court can... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Am I able to get visitation rights being my mother refuses to let me see my children?

My mother has full custody of my 2 younger children and she stopped letting me see my to children and blocked me on social media and changed her number without warning

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answered on Jul 27, 2023

I am sorry to hear of your situation, it must be extremely painful. If your parental rights have not been terminated, you will need to file a Modification of your current custody order if your current custody order does not provide any scheduled visitation for you. Whatever issues you were having... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: My divorce was filed in Potter county by an attorney, I reside in chester My husband won’t sign or acknowledge, what do

I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings

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answered on Jul 26, 2023

If Potter County requires that he acknowledge and submit to jurisdiction (most likely) then you will need to transfer the action (there is a filing fee) to Chester County and then proceed in the County where you both reside as he is already subject to jurisdiction in Chester County. You can then... View More

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I sue after divorce?

I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More

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answered on Mar 6, 2024

The short answer is no. Divorce will determine what you each are awarded based on what you both have at the time of your separation.

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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
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answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: i live in a abusive home. mentally and physically. we’ve went through counseling, therapy. but nothing changes.

i want to be emancipated i don’t feel safe at home i haven’t for months now. and i want something done about it. i need to get out of here legally.

Karen  Ulmer
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answered on May 17, 2020

Please contact Children and Youth services if you are a minor and living in an abusive environment. You may have to go to foster care if you do not have another relative who can take you in, but at least you will be safe immediately. They have the power to get you out immediately. Emancipation,... View More

1 Answer | Asked in Child Custody for Pennsylvania on
Q: can i move out of state with my children if there is no custody agreement
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answered on Apr 22, 2020

Even if there is no custody agreement, you still must follow the rules of relocation or you may be faced with a petition to return the children to the state and possibly and interim order giving the other parent custody until a hearing can be held. Unless the other side agrees to the move, you... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: If she didn't file an Answer to your divorce complaint, you may be able to amend it to add the 3301(d)

How do u admend it to do this is there a special form to submit to courts

Karen  Ulmer
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answered on Jan 28, 2020

You just need to file a new pleading called Amended Divorce Complaint, add in the count and then serve her with it.

1 Answer | Asked in Estate Planning and Probate for Pennsylvania on
Q: In PA. My wife has an investment account created during the marriage. Can she will it all away or am I entitled to it?

Money was from a malpractice suit that occurred during the marriage. She placed the money in stocks and bonds and she set it up to go to her family upon death. Can a marital asset be willed away from a spouse at death? We used funds from the account for a down payment on a second house and have... View More

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answered on Sep 13, 2019

In the event of death, a spouse may will their assets to anyone, however, the spouse has an elective share of 1/3 of the assets. This means that if your spouse leaves you less than 1/3, you can elect against the will to get the 1/3 of the assets.

2 Answers | Asked in Family Law for Pennsylvania on
Q: Can my ex call back into domestics after modification hearing and be granted more without me there?

Had modification hearing and we agreed on 350 then she called back after and asked for more and they granted her 475 plus 50 a month for a total of 525

Karen  Ulmer
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answered on Dec 6, 2018

An order can be put in place without you there but you should have received notice in order for them to make any changes. Orders can be modified as circumstances changes with a petition filed and notice to the other side of a court date.

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1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My son is 16 years old let me lives in Pennsylvania but does not want to go back to his father what do I do

He left home because you do not want to be there anymore only to come stay with me in New Jersey I had court today in Northampton county in Pennsylvania and the master said that he is not old enough to decide and I'm scared if I force him to go back he will run away what legal rights does he... View More

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answered on Dec 6, 2018

He will not have the right to decide until he is 18. Unfortunately, you will have to go through the court process and follow the orders if you cannot reach an agreement with the other parent. You should talk with him and explain that he needs to respect the decision of the court, but see if the... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: The decree states that our house be sold, but it won't sell...

The house has been on the market for 2 years and has not sold. I moved out of the house after the divorce, but still continue to pay the mortgage as my wife continue to live there and has not paid any bills. The order does not state what to do if the house is unsellable. The monthly payments and... View More

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answered on Apr 4, 2018

If the house is not able to be sold, it really depends on the reason as to what remedy you will want to seek. In either situation you will need to petition the court for post-trial relief. It may be that the house has to be sold for less and you may want to get an opinion of a realtor if you go... View More

2 Answers | Asked in Family Law for Pennsylvania on
Q: When adopted son dies is his child still my legal grandchild
Karen  Ulmer
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answered on Apr 4, 2018

Your question does not indicate whether your grandson is adopted or is your biological grandson who was given up. If your biological grandson was adopted by another family he is no longer your legal grandchild. If your adopted grandchild was adopted into the family by your biological child, he is... View More

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1 Answer | Asked in Family Law and Child Support for Pennsylvania on
Q: I filed for child support from my daughter's father. What if he denies being the father and doesn't sign the AOP ?

I also want to know how long it will take to be scheduled for a hearing

Karen  Ulmer
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answered on Apr 4, 2018

If you are unmarried then the father may first request a paternity test before the court will enter an order on child support. If he is determined to be the father then an order will be entered. Every county varies on time but expect to wait at least six weeks before the first conference is held... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can my daughter be taken away from me?

I have had physical custody of my daughter for almost 2 years. I'm thinking about filing for sole custody because I feel she is unsafe with her mother the one weekend a month her mother has her. I wanna bring up her mother's drug issue but im afraid they might take my daughter away from... View More

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answered on Mar 27, 2018

If you do not live with the mother and you do not do drugs and are a good father, there would be no reason that anyone would take your child from you. You would file for a change in custody for sole physical custody or supervised custody due to the drug issue and the court will determine whether... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: What happens when a spouses Attorney Quits the case prior to finishing the divorce in PA?

I filed for divorce in 2011. Spouse would not sign Divorce Papers. Case was thrown out after 2 years due to inaction. Then, Spouse filed for divorce in 2015. 2 years passed, nothing happened. Spouse filed to Proceed with the Divorce in November 2017. On the last day to file, spouses attorney filed... View More

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answered on Mar 27, 2018

An attorney is not required to obtain a divorce, however, you will need to process paperwork in order to obtain a court date or a final decree as they are not automatically scheduled. If enough time passes, the court may send notice that the case will be dismissed due to inaction unless someone... View More

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