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Questions Answered by Roy L. Galloway III

1 Answer | Asked in Divorce and Family Law for Pennsylvania on

Q: Ex's first name is different from marriage license and divorce decree. Am i legally divorced?

Marriage license was issues xxx and divorce decree was filed and issued under yyy. I am getting remarried in two months, if this going to keep it from happening?

Roy L. Galloway III answered on Aug 17, 2019

If your ex-wife legally changed her name after getting married, you are still divorced because she is the same person you originally married. Additionally, the courts ask for social security numbers for parties to a divorce, so that should cover you.

2 Answers | Asked in Divorce for Pennsylvania on

Q: I am looking into a divorce no fault. I would like to know what my options. We have no items to separate.

Roy L. Galloway III answered on Aug 16, 2019

If you have no property to divide and neither party desires alimony pendente lite, you can get a divorce with simple paperwork.

Frankly, in most counties, the court has a self help section where you can print out forms and follow the directions to finish the divorce.

However, if you...
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2 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on

Q: My wife filed for divorce in Pennsylvania 5 years ago . I pay spousal support . In march of 2017 we made an agreement th

that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... Read more »

Roy L. Galloway III answered on Aug 5, 2019

Sir, I am sorry you had this negative experience. In Pennsylvania, an agreement regarding child support is against public policy and will not prohibit a parent from seeking support for a minor child. Thus, if the agreement is for child support, it is null and void.

With respect to spousal...
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1 Answer | Asked in Adoption for Pennsylvania on

Q: If rights are terminated and daughter is adopted by foster family can i adopt her in the future if agreed by foster?

My rights were involuntarily terminated and want to know if i turned my life around in the future can i adopt her if her foster family agrees to it. The bond is there and my daughter loves me and wavered between wanting to be with me and wanting to be with foster family

Roy L. Galloway III answered on Jul 31, 2019

There is a lot of missing information that may be pertinent to provide a complete answer to your questions such as what were the reasons your parental rights were terminated- was there abuse, neglect, drug use, illness, abandonment, etc. Also, the age of the child is a relevant factor because... Read more »

2 Answers | Asked in Divorce for Pennsylvania on

Q: I have a question about possession of a car after a divorce in Pennsylvania.

I have a divorce question. My ex wife and I separated in March of 2017 and divorced in July of 2018. We had only one car that was in my name and was gifted to me after my father died. She was in need of a car for commuting, and since I was moving to NYC at the time and wouldn't need a car, I agreed... Read more »

Roy L. Galloway III answered on Jul 31, 2019

Under Pennsylvania law, property gifted to you by a family member is excluded from the definition of marital property. Here, it appears your father gifted you a vehicle, and you allowed your spouse to have temporary use of the property.

Below see the definition of marital property and...
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1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Retail Theft

If a person (18.3 ysr) is given non traffic citation for 'Retail Theft' in Chester county in PA a day agao. What should be done to reduce the repurcussion to minimal so that there is no record and his studies and future career is not impacted.By what time next step has to be taken.

Roy L. Galloway III answered on Sep 11, 2014

If you have no prior criminal history, you and your attorney should consider applying for the Acc elerated Rehabilitative Disposition (ARD) program. ARD is a pretrial program designed for non-violent and non-felony offenses whereby you agree to be on probation, you pay a fee for entry into the... Read more »

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Are records automatically expunged if charges are dropped involving possession with intent to distribute 3heroin bricks.

Person was charged and held 6 days, held over for trial. Trail was 18 months after arrest rather than within 12 so defense was going to request they be dropped based on rule 600 but the DA dismissed and defendant had charges expunged. I thought the only way was for ARD or cooperating to get them... Read more »

Roy L. Galloway III answered on Sep 11, 2014

If your charges have been expunged, you should have received a copy of a court order granting a Petition For Expungement. If you never received a court order expunging your record, chances are you still have an arrest record.

You should check with your lawyer to see if he/she received an...
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1 Answer | Asked in Child Custody for Pennsylvania on

Q: I have a 14 year old son can I give up right with out supporting him I dont have money for support help

He lies steals m.f. hole family police called 15 times nothing done one time had an evaluation done but he fold them smoke pot

Roy L. Galloway III answered on Jul 24, 2014

Your obligation to pay child support won't cease until the child becomes an adult or your parental rights are terminated by a court. Of course, you won't have to pay support unless the other parent seeks a support order from domestic relations.

1 Answer | Asked in Family Law for Pennsylvania on

Q: my boyfriend is fighting for custody of his sons can they freeze his child support payments

Roy L. Galloway III answered on Jul 24, 2014

No. The fact that he is seeking custody in court does not negate his obligation to pay support in PA. However, if he wins primary physical custody, he no longer has to pay support and should file with domestic relations to have his support terminated and he would be entitled to support. Also, if he... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: If my daughter n her ex have joint custody and he takes the kids out of state without her permission what can she do

Roy L. Galloway III answered on Jul 24, 2014

File for contempt and request that the court enter an order directing father to return the child.

Additionally, it won't hurt to call the local police where the father lives to report the incident.

1 Answer | Asked in Criminal Law for Pennsylvania on

Q: Should I talk to the police or get a lawyer? Am I obligated to even talk to the police?

I was doing this drop shipping thing on ebay. I sold an item for a company, the seller paid me, except the company never shipped the item. I told the seller that, and that there was nothing I could do, as the company I sold the item for refused to have any further contact after I sent them the... Read more »

Roy L. Galloway III answered on Jul 24, 2014

You should never speak to police without a lawyer present because anything you say can be used against you in court. You don't want the cops to take what you say out of context or testify in court that you said something you did not and it be his/her word as a cop against yours. For your protection... Read more »

1 Answer | Asked in Family Law for Pennsylvania on

Q: Relocation with shared custody

I have shared custody of my granddaughter with her father. Her mother has visitation. I have raised her her whole life. She will be 8. Her father has been inconsistent in her life since he found out she was his. I have to relocate for my husband's job and he is going to fight it. She doesn't... Read more »

Roy L. Galloway III answered on Jul 23, 2014

First, if you need to relocate and you do not have the approval of the parents, then you must serve both parents with a Notice of Relocation 60 days prior to the proposed move by certified mail, return receipt requested. Additionally, you must include a counter-affidavit with the Notice of... Read more »

1 Answer | Asked in Domestic Violence for Pennsylvania on

Q: My boyfriend is going to trial for dv of me an my child if I dont show up what will happen with the case???

Roy L. Galloway III answered on Jul 23, 2014

The short answer to this question is that there is no correct answer to this without you providing more details. I will, however, provide an answer under difference scenarious.

If you and your child are the only witnesses to the alleged abuse and you decide not to appear in court to testify...
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2 Answers | Asked in Family Law for Pennsylvania on

Q: If I live in PA and my children live in NY which state do I file for visitation in?

Roy L. Galloway III answered on Jul 23, 2014

New York assuming they lived there for six consecutive months and there wasn't a custody order entered in PA. If, however, your kid lived with you in PA for six months and have been in New York for less than six months, then PA has jurisdiction and you should file there.

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