Pennsylvania.
answered on Mar 1, 2023
The value of the marital home equity is generally determined as of the tie the case goes to court, or as near to that date as possible, but there may be factors which would support using a different approach. If you consult with a local attorney experienced in family law, you should be able to... Read more »
I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... Read more »
answered on Feb 4, 2023
I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... Read more »
I received part of the pension which was put in an account until he retired about 3 years ago. I get $400 but I don't think it is for the rest of my life as they took out a lump sum out of the pension.
answered on Jan 31, 2023
It's probably not likely but the way to find out is to take your settlement agreement/order from your divorce and a copy of the QDRO to an attorney who practices family law in your county for a private consultation.
My lawyer filed my Counterclaim but he left out alimony as a claim. Can I type a new document to add “Count V - Alimony” to be joined to my original Counterclaim that was already filed or do I have to write the entire counterclaim word for word with Amended Counterclaim as the heading and then... Read more »
answered on Dec 22, 2022
We really cannot go behind the back of an asker's lawyer and provide hip-pocket guidance and advice. The asker must address her concerns with her lawyer.
There are many reasons why alimony is not an appropriate prayer for relief. Both parties may be huge earners who would not qualify... Read more »
I filed for a 3301c divorce through Philadelphia courts. I submitted all the paperwork, waited all necessary waiting periods, and paid all fees. The Final Praecipe to Transmit Record was filed and I gave two self addressed stamped envelopes (one for me and one for my ex) to receive the completed... Read more »
answered on Dec 15, 2022
No way to know. They handle paperwork as it comes in. Judges have to sign decrees and who knows how high the pile on the desk of the judge who got the proposed decree may be. Plus it's the holidays and so court filings are usually much higher in number while the court house personnel are out... Read more »
answered on Nov 24, 2022
In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.
We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The... Read more »
answered on Nov 24, 2022
There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... Read more »
I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... Read more »
answered on Nov 24, 2022
The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.
This hourly scheme works wonders for an attorney who wants to abandon... Read more »
I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?
answered on Oct 15, 2022
I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... Read more »
He has it hidden somewhere so I cant even get it myself.
answered on Sep 20, 2022
I am sorry you’ve had that experience. Please be advised that the court of common pleas does retain jurisdiction over a divorce to the extent one party fails to comply with the agreement that the court adopted as a order of court.
You may file a petition with the court that presided over... Read more »
My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... Read more »
answered on Jul 18, 2022
Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... Read more »
answered on Jun 16, 2022
I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.
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.
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... Read more »
I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... Read more »
answered on May 21, 2022
"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... Read more »
My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... Read more »
answered on Feb 15, 2022
To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own... Read more »
answered on Oct 25, 2021
In Pennslyvania, there is what can be called a passive divorce under 3301(d). You will need to serve her by what is known as original service with the initial complaint. You do not need her address, but only to have service of process or have her accept the documents. Both would be considered... Read more »
If we see a divorce judge, who will be most likely to get the car?
The car is paid off. We trade my car in, only got 500 bucks but it was still my car.
answered on Sep 17, 2021
You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.
I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... Read more »
answered on Sep 13, 2021
You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.
I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.
answered on Jul 30, 2021
You need to speak with an attorney who handles domestic relations. The problem is does liquidating the asset--turning your house into cash--change who can get what? It's a pre marital asset, and if you made all the payments and it's in your name, I'm not sure if you want to liquidate... Read more »
Is an inherited IRA protected from a divorce? If distributions from an inherited IRA are made into an account solely in the name of the IRA recipient, are those distributions protected from divorce? Can those distributions be made directly to the recipient's living trust that has a co-trustee... Read more »
answered on Jun 30, 2021
Drafted correctly, a trust or trusts as beneficiary(ies) would not have any different tax consequences than naming individual beneficiaries. Look for an attorney in your area that understands how to draft a "see-through" retirement plan trust.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
