Questions Answered by Allison D. Gaffen

Q: How long does a spouse have to be gone for abandonment

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Feb 11, 2013

Desertion is addressed in 23 Pa.C.S.A. § 3301(a)(1):

§ 3301. Grounds for divorce.

(a) Fault.--The court may grant a divorce to the innocent and injured spouse whenever it is judged that the other spouse has:

(1) Committed willful and malicious desertion, and absence from the habitation of the injured and innocent spouse, without a reasonable cause, for the period of one or more years.

The law can be found in full here:...

Q: What is approx cost of standard will, father/mother to their son?

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Jan 11, 2013

For more information about Wills in Pennsylvania, please visit: http://www.gaffenstephenson.com/wills.html.

Q: What can i do to get my son back and my pfa was violated

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 11, 2013

For more information about PFA's in Pennsylvania, please visit: http://www.gaffenstephenson.com/protection-from-abuse.html.

Q: We have temporary custody of our 5 yr.-old grandson. His parents are in a halfway house (drugs)

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Jan 11, 2013

For more information about grandparent's rights in Pennsylvania please visit: http://www.gaffenstephenson.com/grandparents-rights.html.

Q: Can I ask for a termination of parental rights?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Dec 15, 2012

The Pennsylvania law that has the grounds for involuntarily termination of parental rights can be found here: http://law.onecle.com/pennsylvania/domestic-relations/00.025.011.000.html.

Q: Paying child support to Oregon but kids lives here in PA and ex won't let me see them. what should i do?

1 Answer | Asked in Family Law for Pennsylvania on
Answered on Dec 15, 2012

Child support and child custody are two different cases. You should consult with an attorney to review the amount of support you are paying and about custody.

Q: Can you expuge your criminal records if they was dismissed?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Nov 15, 2012

Neighborhood Legal Services Association in Allegheny County has detailed information about the expungement process: http://www.nlsa.us/ProSe/Expungement_Allegheny.pdf. For legal advice about your specific situation, you should consult with a defense attorney in your county. If you cannot afford an attorney, you should contact the legal services office in your county. This answer is attorney advertising and is for educational purposes only. This does not in anyway constitute and/or form an...

Q: My vehicle was searched after they asked do i need an attorney

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Nov 15, 2012

Are you asking if the search was legal? If so, much more detailed information about the vehicle stop and search is needed to answer your question. For legal advice about your situation, you should contact an attorney in your county. If you cannot afford a criminal defense attorney, you should contact the public defender's office in your county. This answer is attorney advertising and is for educational purposes only. This does not in anyway constitute and/or form an attorney-client...

Q: Can someone that aren't the authorities come to your house and take something with out a warrant plus they don't own it?

1 Answer | Asked in Criminal Law for Pennsylvania on
Answered on Nov 15, 2012

I would need more information to answer this question. Are you describing a situation of a warrant-less search? Or a theft of property? For legal advice, you should consult with an attorney in your county. This answer is attorney advertising and is for educational purposes only. This does not in anyway constitute and/or form an attorney-client relationship. Allison D. Gaffen is licensed to practice law in the state of Pennsylvania, and this answer is not intended to solicit clients from outside...

Q: Do i need a will if married and no children?

1 Answer | Asked in Estate Planning for Pennsylvania on
Answered on Nov 15, 2012

Having a will can make sure that your property goes to whom you want it to pass, otherwise your property will pass according to the laws of intestate succession. For more information about intestate succession, you can view the law here: http://law.onecle.com/pennsylvania/decedents-estates-and-fiduciaries/00..... You should consult with an attorney in your county about estate planning. This attorney will be able to give advice about your specific situation. This answer is attorney advertising...

Q: How long do you have to be separated in Pennsylvania before the divorce will be final?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Nov 15, 2012

Section 3301(d) of the PA Divorce Code states that a no fault divorce can be granted if (1) the parties have been separated for two years and (2) the marriage is irretrievably broken. Both points can be contested. You should consult with an attorney in your county for legal advice about your situation and to discuss any economic claims you may have. If you cannot afford an attorney, you should contact the legal services office in your county.

This answer is attorney advertising and is...

Q: How long does a divorce petition remain in court system

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Nov 15, 2012

Without seeing the papers that were filed, I do not have enough information to answer this question. You should consult with an attorney in your county about your specific situation. Your attorney can also advise you about any economic claims you might have that are related to the divorce. If you cannot afford an attorney, you should contact the legal services office in your county. This answer is attorney advertising and is for educational purposes only. This does not in anyway constitute...

Q: I have sole custody of my child. her father is now trying to get custody. not sure how to fight it

1 Answer | Asked in Child Custody for Pennsylvania on
Answered on Nov 9, 2012

You should consult with a child custody attorney in your area. This attorney will be able to give advice about your specific situation. If you cannot afford an attorney, you should contact the legal services office in your county.

This answer is attorney advertising and is for educational purposes only. This does not in anyway constitute and/or form an attorney-client relationship. You should consult with an attorney who practices law in your jurisdiction about your specific legal...

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