Lawyers, Answer Questions  & Get Points Log In
Questions Answered by Kathryn Hilbush
1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?

I contacted a lawyer’s office about divorcing my husband (he agrees and does not want to contest anything, we have no kids, and we have no property to split) and they agreed they could help me, I paid them, and the last I spoke to them they are filing the final pipework with the court for the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 3, 2023

The divorce action does not have to be filed in the county where you were married but should be filed in the county where one of you resides. There are attorneys who will file for the divorce in other counties, such as Potter County, because the filing fees are less but I would not recommend doing... View More

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: What are the steps to take for a mother and father to remove a grandparent from a custody order?
Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

Assuming the grandparent doesn't wish to agree to be removed, the parents would have to file a petition to modify the custody order. Before doing so, I strongly suggest that the parents speak with a local attorney experienced in familyu law for a private consultation during which they can... View More

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Pennsylvania on
Q: Why are there two counts on my PA Divorce Papers?

I, the Defendant in this, have two Counts from my soon-to-be Ex-Wife's lawyer regarding Divorce.

Count I: DIVORCE UNDER SECTION 3301(c) OR (d) OF THE DIVORCE CODE

Count II: DIVORCE UNDER 3301(a)(6) OF THE DIVORCE CODE

I know the code. I keep reading it, but we were... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 29, 2023

The 3301(a)(6) grounds were probably included in case you weren't agreeable to signing for a no fault divorce. In PA, you're allowed to included seemingly conflicting grounds in your requests for divorce in the complaint. It's perfectly acceptable to then ultimately proceed under one of the two.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

These questions suggest to me that you're trying to handle this divorce without the assistance of an attorney. Briefly, if the other party doesn't wish to sign the Affidavit of Consent, then you have to wait until you've been separated for one year. You'll want to read the court... View More

1 Answer | Asked in Criminal Law, Family Law, Domestic Violence and Sexual Harassment for Pennsylvania on
Q: In Pennsylvania can I do anything about my 38 year old bf trying to sleep with my 17 year old daughter?

I found messages between them and my daughter stated she didn’t want him like that but he keeps trying to pressure and manipulate her into it. I’m also in an emotional psychological abusive relationship and financially trapped and don’t know what to do to get out

Kathryn Hilbush
Kathryn Hilbush
answered on May 15, 2023

Yes, get rid of the boyfriend! Search online for a support group for abused women in your area and see what they can do to help you. Perhaps what he's said is sufficient for filing for a Protection from Abuse Order. You may also want to take the messages to the police and see if there's... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

My ex and his girlfriend recently moved his girlfriends parents into the home. Her father has Dementia and I am very concerned about him being around my child when she spends the night over there. People with dementia get confused easily and sometimes do things that are out of character or... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Apr 3, 2023

Please consult with an experienced family law attorney in your area. In PA, parents are entitled to know the criminal history of anyone who resides in the household of the other custodial parent. If your concerns involve other issues, such as whether there might be safety issues which involve the... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: We have been separated for 2 years, prior to the housing boom, are they now eligible for the new inflated worth?

Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
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... View More

1 Answer | Asked in Child Custody and Domestic Violence for Pennsylvania on
Q: Can the filer of a pfa get into trouble if she agrees to be around the defendant?

They do also have a child together whom they share 50/50 custody of.

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

Unlikely because the order is not against the filer. However, why would the filer want to place the defendant in jeopardy of going to jail by encouraging the defendant to violate the PFA order? If the filer wants to spend time with the defendant, then the filer reevaluate the nature of the abuse... View More

1 Answer | Asked in Family Law, Civil Rights, Employment Discrimination and Employment Law for Pennsylvania on
Q: Good morning,How do I find out if I have been tainted via social media when no one would tell me?

My friends and family have been keeping their distance from me for a few years. I am being gaslighted (I hate to mention it) because it is a difficult thing to prove. It makes it seem like is all in my head. However, I draw the line when it happens at work. I will not be able to support myself... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 13, 2023

First of all, you should never include your name or other identifying information on sites like these, which are open to everyone, including the folks you're concerned about.. Secondly, although the purpose of this site is often misunderstood, it's not a jobs board so it's highly... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

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... View More

Kathryn Hilbush
Kathryn Hilbush
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,... View More

View More Answers

1 Answer | Asked in Adoption and Family Law for Pennsylvania on
Q: Husband wants to adopt my son 13y. Father is in Mexico, he never met him/doesn't appear in birth cert what should I do?

I have never seen the father after my son was born (he didn't try to contact us, although I tried a couple of times to connect them, when my son was a baby and when my son was 2-3 years). He really doesn't care about my son and I don't think he will ever do it. I have never ask him... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 2, 2023

By law, the biological father must be notified that his rights will be terminated in order for your husband to adopt your son. However, if you truly don't know where he is, there are steps that can be taken to demonstrate this to the court without the need to hire an investigator. You should... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: How long to physically receive the divorce decree after all paperwork has been filed in PA?

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... View More

Kathryn Hilbush
Kathryn Hilbush
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... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: If my parental rights were terminated and the child was being adopted, am I still responsible for new child support pay?

Mother has full custody, my rights were involuntary terminated and the child was entering a new family unit with a family member who desired to adopted the child.

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 19, 2022

If your parental rights were actually terminated in an Orphans Court proceeding, then you are no longer legally the child's father and would not be responsible for child support after the parental rights termination. You would still be responsible for paying any arrears owed in support prior... View More

1 Answer | Asked in Criminal Law, Employment Law, Family Law and Products Liability for Pennsylvania on
Q: How's myie family,what's and whieins myie reports date back to work,whieins the abususied mieainding foresorttied,plea's
Kathryn Hilbush
Kathryn Hilbush
answered on Jul 4, 2023

I think you need to try posing your question again. What we see here is too garbled to make any sense.

1 Answer | Asked in Divorce for Pennsylvania on
Q: I've been divorced for 2 years. Was Married for 22. My x is very well off. He had done fraudulent things, hid money.

I receive $3500 in alimony that ends in two more years all the money that he hothead is now out and he is using it getting remarried vacationing all over the world and spending it like you used to when we were married. What can I do I deserve to get our alimony adjusted I think I don't know if... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 26, 2023

Alimony is usually non-modifiable but it depends on what your property settlement agreement or equitable distribution order says. Please schedule a private consultation with a local attorney experienced in family law to review your alimony award and learn what options you might have.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: My ex is telling me she is going to have her therapist fill out document for court stating I cannot have 50/50 custody.

Her therapist is stating that our 4 yr old needs stability and our 1.5 year old needs to bond with her mama. Currently I see my children 4 days a month. We do not have any formal custody agreement, this is all verbal between us. I want to take her to court for custody so I can get 50/50 and se my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 24, 2023

It's difficult to know what impact the letter from your wife's therapist might have. Ordinarily, if someone wants to present someone's opinion, they need to bring that person into court to do present in via testimony. What you really need to do is to consult with a local attorney... View More

1 Answer | Asked in Child Support for Pennsylvania on
Q: What state has jurisdiction over a child support order in a divorce decree ?

My son just graduated high school. The divorce was in New Jersey in 2014. She resides in florida (6yrs) and I reside in Delaware (8yrs). My son was given an athletic scholarship to a school he will be dorming at in Georgia. I have seen that NJ law that a child could be supported up to 23, but... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 1, 2023

I suggest that you contact the attorney who handled your divorce in NJ. If you resolved your divorce and related matters with a Property or Marital Settlement Agreement. it may cover such an issue. Regardless. I believe that your first contact should be that lawyer or another NJ attorney... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I have been married for seven years. Do I have any right to the house?

My name is not currently on the house. It is completely paid off. The house was purchased before we married, but during our 14 years together. We keep our money in separate banks, so no joint accounts. We have two young children.

Kathryn Hilbush
Kathryn Hilbush
answered on May 30, 2023

It's possible that you have a claim to a share of the increase in value of the house from date of marriage to date of separation, but a more in depth review of your marital estate would be required. I urge you to consult in person with a local attorney experienced in family law to obtain more... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Should I file a motion to strike

Both unrepresented partied in ED. I filed everything according to the order. He filed nothing, yet was allowed to split his screen during Zoom hearing to enter evidence

Kathryn Hilbush
Kathryn Hilbush
answered on May 26, 2023

Honestly, it's really impossible to answer your question without a lot more information. Please discuss your situation with a local attorney experienced in family law. This is a question which is not appropriate for an online site like this.

1 Answer | Asked in Family Law, Child Custody and Child Support for Pennsylvania on
Q: I'm trying to figure out who has legal rights to my son?

Long story short, I seperated from my husband and had a child with another man before the divorce finalized. The man has made zero contribution to my child but did sign an acknowledgement of paternity at the hospital at the time my child was born. I filed for child support today and domestic... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 24, 2023

Consult with a local attorney experienced in family law. Domestic Relations should not be handing out legal advice. If your family was not intact when the child was born then it's not likely that your former husband has any support obligation for this child. Retain an attorney to guide you... View More

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.