Hanover, PA asked in Divorce and Family Law for Pennsylvania

Q: Hello. I live in PA. My wife moved out in February 2023. She and her kids still have belongings here at my house.what2do

I have asked her multiple times to come get the stuff. It's still here. we are not divorced yet, but I'm hoping very soon because I already paid half of the filing fee to file for divorce. I feel like I'm being taken advantage of. what should I do and should I seek legal advice?

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1 Lawyer Answer
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered
  • Schenectady, NY
  • Licensed in Pennsylvania

A: What to do with the belongings is a difficult question to answer as we do not know the nature of the belongings. Ordinarily, marital property cannot be discarded near to the time of the filing of a divorce as doing that will lead to an allegation of marital waste followed by a demand for a refund of the cost of the belongings. For example, the wife left a hair stylist's kit in the home. Disposing of that will lead to claims of waste with demands and potentially orders to pay refunds. As we do not know of the nature of the belongings, we must stop here.

Going through a Pennsylvania divorce without legal counsel is like speeding on the German autobahn without a steering wheel. The crash will not be survivable.

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