Ask a Question

Get free answers to your legal questions from lawyers in your area.

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Questions Answered by Kathryn Hilbush
2 Answers | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

View More Answers

1 Answer | Asked in Child Custody for Pennsylvania on
Q: When does the second weekend visitation start if the month begins on a Saturday?

I have a court order that states my child’s father gets visitation the second weekend of every month from Friday at 7:30 p.m. to Sunday. The new month recently started on a Saturday. The previous Friday was February 28th, and I did not consider that weekend to be the first weekend of the month as... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 7, 2025

Bear in mind that I'm providing this information to you without having had the opportunity to review the current order. I would say that logically the weekends start on Friday and so in this case I believe your interpretation is correct. However, if it's not really a huge issue for you,... View More

1 Answer | Asked in Domestic Violence for Pennsylvania on
Q: Can a Plaintiff violate a PFA by texting a Defendant without threats?

I am wondering if a Plaintiff can be in violation for sending a text message to the Defendant after a PFA was issued. The text was not threatening or harassing.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 10, 2025

Without personally reviewing the PFA order I can't be certain but, typically, any form of contact between the defendant and plaintiff is prohibited. That includes even responding to a phone call, email or text from the plaintiff.

1 Answer | Asked in Divorce and Child Support for Pennsylvania on
Q: Can I modify alimony and child support in PA after agreement?

I agreed to a divorce in Northampton County, PA, and want to understand what my child support and alimony should be, given that my monthly gross income is $6,825 and my ex-spouse's monthly gross income is $3,465. We have one child for whom she has custody, and I kept the home. The agreement... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 3, 2025

Possibly yes as to the child support, probably no as to the alimony. If you had an attorney representing you for the negotiations and finalization of the divorce, that would be the best person to ask this question. If you were not represented, then locate a locale attorney experienced in family law... View More

1 Answer | Asked in Family Law for Pennsylvania on
Q: my lawyer agreement for representation states that if the retainer amount is earned they will ask for another retainer

I was in contact with my lawyer multiple times he did not tell me that my retainer was exceeded or that I was being charged past the $2500 of my retainer did not get any invoices no billing until months after the conciliation was completed and all it was was a letter that said I owed over $2000... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 10, 2024

What is your question? Are you asking if you owe your attorney the additional fees? Have you tried having a reasonable discussion with the attorney? I suggest that you do this before deciding what to do about the additional fees. You should receive a detailed invoice outlining the services... 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 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 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: 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 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 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 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

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 Child Custody for Pennsylvania on
Q: Does the custodial parent half to get approval from the non custodial parent to sign custody over to someone other than

Does the parent that has sole legal and physical custody of the child have to get approval from the parent that has no custody to sign custody over to someone else that isn't either parent

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 19, 2023

Using only the sparse information provided, I'd say yes, unless the court transfers custody to the third party.

1 Answer | Asked in Family Law and Child Custody for Pennsylvania on
Q: Can I file a petition to voluntarily terminate my parental rights?

4 yrs ago I was arrested & ejected from my house for terroristic threats. I threatened to execute my ex wife by sticking a butcher knife in the back of her skull while my 5 year old son watched, then continuing on to kill my son, the family dog & myself (I was under the influence of... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 11, 2023

No, you cannot. If the child's mother files to have your fights terminated in connection with an adoption, then you may sign a consent to the termination. Otherwise, no.

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.