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Pennsylvania Divorce Questions & Answers
1 Answer | Asked in Divorce for Pennsylvania on
Q: I won some property in my divorce settlement ( a 5th wheel camper). He was to deliver it and never did. what can I do?

He has it hidden somewhere so I cant even get it myself.

Roy L. Galloway III
Roy L. Galloway III
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex wants to stop paying alimony since he is getting remarried. We have an agreement signed outside of court.

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 »

V Julia Luyster
V Julia Luyster
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 »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Mr. Ryan L Hyde
Mr. Ryan L Hyde
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.

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
Karen Ulmer PRO label
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

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 »

Kathryn Hilbush
Kathryn Hilbush
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 »

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Pennsylvania on
Q: In the state of Pennsylvania, if I own a property before marriage and get divorced later is that property in jeopardy?

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 »

Stephen M. Asbel
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Stephen M. Asbel
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My question is how do you get a divorce from your wife if she is refusing to give you her address
Jason R Carpenter
Jason R Carpenter
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband an I r separating, the car is in both of our name? Can I just take the car? Can he do anything about it?

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.

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

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 »

Peter N. Munsing
Peter N. Munsing
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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I sell my house that I brought under my name only before I get a divorce

I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.

Peter N. Munsing
Peter N. Munsing
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 »

1 Answer | Asked in Divorce and Estate Planning for Pennsylvania on
Q: Is there a way to protect an inherited IRA and any distributions from a spendthrift spouse or divorce?

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 »

Nina Whitehurst
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Nina Whitehurst
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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: If I get money from a lawsuit in 2022 and I’ve been divorced since 2008 will my ex husband be entitled to any of it

The case stems from an event in 1991 when I was married

Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

If your divorce is final, no. Generally a spouse isn't entitled to money for your injuries, but may have a separate claim for loss of consortium. But that would have been made at the time or before the divorce. If it's final, it is yours. Discuss with the attorney getting you the settlement.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex didn’t follow through with the marriage settlement agreement is there a statute of limitations on it
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.

1 Answer | Asked in Divorce for Pennsylvania on
Q: How do you go about having an ex spouse removed from a deed that is not on the mortgage?

This was a no fault divorce, so nothing was stated in the divorce decree. She lives in the home and during the divorce, verbally stated she would make the payments. Since the divorce, she has remarried and has promised numerous times that she was going to refinance to get the mortgage in their... Read more »

Scott L. Levine
Scott L. Levine
answered on Apr 26, 2021

If there was no Settlement Agreement executed in this case and neither party filed a count for Equitable Distribution during the Divorce, the remedy now is most likely a Complaint for Partition.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.

Peter N. Munsing
Peter N. Munsing
answered on Feb 23, 2021

See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Do you need to be married for a very length of time to split assets like savings, and 401k?
Kathryn Hilbush
Kathryn Hilbush
answered on Jan 16, 2021

No. The proportion of the division of assets may be different for a very short marriage but the general rule is that if the asset was acquired during the marriage, it's divisible between the parties.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Pennsylvania on
Q: Can a defendant be held in contempt if the plaintiff and defendant exchange their child during arranged custody times?

The PFA allows contact when it pertains to the child.

Mr. Ryan L Hyde
Mr. Ryan L Hyde
answered on Nov 15, 2020

It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... Read more »

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »

Vincent Gallo
Vincent Gallo
answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get half value of a vehicle after divorce?

My ex husband and I have been officially divorced for about 3 years. While we were married we purchased a newer vehicle together in both of our names. We chose not to fight over anything but he wanted the car. I signed my name off of the loan, but the registration and title was still under the both... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 27, 2020

It depends on exactly how you resolved the car issue in connection with the divorce. Was there a written settlement agreement? A court order concerning property distribution? The only way t know how you might proceed with this issue is to have a private consultation with an experienced family law... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: If my ex is cohabiting, will it affect alimony?

I have been paying alimony for over 15 years and my ex refuses to marry her boyfriend in fear of losing some alimony. She has been cohabiting for over 6 years though. I am in Pennsylvania, and wondered if I can lower my alimony payments. Our divorce decree states I pay $700 per month, unless she... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 23, 2020

It depends if your divorce decree includes cohabitation. If it does, then very possibly. If it doesn't, you should still consult with an experienced family la attorney, but from where I stand, it doesn't look hopeful based on what you've said.

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