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... Read more »
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.
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
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.
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... Read more »
Defendant had signed card that he was served but my daughter cannot proceed since defendant was put in jail for threatening to kill her. She now has a pfa against him but she wants to expedite her divorce. There are no kids and properties involved.
I have been paying my ex-wife electronically - I'd like to now pay via check - nothing specific in how I pay in our divorce documents - I emailed her asking where to send a check going forward - she has not replied - what is my obligation?
One of my good friends is getting married, however her fiancé is still on the mortgage to his previous house with his ex-wife. She hasn’t paid it in close to a year. If the bank forecloses, and there ends up being a deficit judgement, will that affect my friends home too (assuming they go... Read more »
answered on May 2, 2023
If the new husband is not on the existing deed to your friend's home, and they do are not joint obligors on any other debts, e.g., credit cards, etc., a foreclosure against the "divorce home" should have no legal impact upon your friend's home or mortgage.
To the extent... Read more »
He said he will only give me half pension he said he will not give me half of disability income it's against law is that true
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answered on May 2, 2023
In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts... Read more »
I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... Read more »
answered on Apr 22, 2023
Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.
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... Read more »
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answered on Apr 3, 2023
The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.
Hypothetically, if the elderly demented... Read more »
2 children live with her and I here in PA. PA doesn’t have jurisdiction over her son and WA doesn’t have jurisdiction over her daughters. How can a custody agreement be filed? Does it have to be filed separately for the son in WA and for the daughters here? Should we get an attorney?
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answered on Apr 3, 2023
This is an expensive mess. Ordinarily, both parties would file their divorce actions in each state and will serve each other in each other's state. Then, a motion for an interim order of custody gets filed in each state and each state's judge will hold a UCCJEA conference to determine... Read more »
Pennsylvania.
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... Read more »
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... Read more »
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,... Read more »
I received part of the pension which was put in an account until he retired about 3 years ago. I get $400 but I don't think it is for the rest of my life as they took out a lump sum out of the pension.
answered on Jan 31, 2023
It's probably not likely but the way to find out is to take your settlement agreement/order from your divorce and a copy of the QDRO to an attorney who practices family law in your county for a private consultation.
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... Read more »
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... Read more »
My lawyer filed my Counterclaim but he left out alimony as a claim. Can I type a new document to add “Count V - Alimony” to be joined to my original Counterclaim that was already filed or do I have to write the entire counterclaim word for word with Amended Counterclaim as the heading and then... Read more »
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answered on Dec 22, 2022
We really cannot go behind the back of an asker's lawyer and provide hip-pocket guidance and advice. The asker must address her concerns with her lawyer.
There are many reasons why alimony is not an appropriate prayer for relief. Both parties may be huge earners who would not qualify... Read more »
I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... Read more »
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answered on Nov 24, 2022
The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.
This hourly scheme works wonders for an attorney who wants to abandon... Read more »
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answered on Nov 24, 2022
There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... Read more »
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answered on Nov 24, 2022
In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.
We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The... Read more »
I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?
answered on Oct 15, 2022
I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... Read more »
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