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Pennsylvania Divorce Questions & Answers
0 Answers | Asked in Divorce for Pennsylvania on
Q: To amend my Counterclaim do I just write I want to add a Count V to be joined to my original Counterclaim and file that?

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 »

0 Answers | Asked in Divorce for Pennsylvania on
Q: If a spouse abandons the marital home for two years without financial help at all does that constitute abandonment?

I have been married for 21 yrs. I'm 63 yrs old now and my spouse about two years ago left the house in the middle of the night to move into a home with another woman in the same neighborhood. My husband has not given me any financial aid at all. My home mortgage had fell behind and all the... Read more »

0 Answers | Asked in Divorce for Pennsylvania on
Q: I filed for divorce and was denied. I Cannot figure out what I did wrong.

The only thing stated is that it is not in compliance with pa law

0 Answers | Asked in Divorce for Pennsylvania on
Q: My father has been served divorce papers. She wants their house and for him to pay $2500 attorney fees. Is he liable?

after over 30 years of being separated, my dad's wife is asking for a divorce. She wants their house and for him to pay $2500 in attorney fees. He called the serving attorney's office and said he has no problem with the divorce and letting his estranged wife get the house but he said he... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

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 »

Peter Christopher Lomtevas
Peter Christopher Lomtevas
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...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
Peter Christopher Lomtevas
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania
Peter Christopher Lomtevas
Peter Christopher Lomtevas
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...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I have a home with 30 % equity and wanted to give the house to my wife when I file for divorce

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?

Kathryn Hilbush
Kathryn Hilbush
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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: I won some property in my divorce settlement ( a 5th wheel camper). He was to deliver it and never did. what can I do?

He has it hidden somewhere so I cant even get it myself.

Roy L. Galloway III
Roy L. Galloway III
answered on Sep 20, 2022

I am sorry you’ve had that experience. Please be advised that the court of common pleas does retain jurisdiction over a divorce to the extent one party fails to comply with the agreement that the court adopted as a order of court.

You may file a petition with the court that presided over...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex wants to stop paying alimony since he is getting remarried. We have an agreement signed outside of court.

My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... Read more »

V Julia Luyster
V Julia Luyster
answered on Jul 18, 2022

Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... Read more »

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Mr. Ryan L Hyde
Mr. Ryan L Hyde
answered on Jun 16, 2022

I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
Karen Ulmer PRO label
answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... Read more »

Kathryn Hilbush
Kathryn Hilbush
answered on May 21, 2022

"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... Read more »

1 Answer | Asked in Divorce, Estate Planning and Real Estate Law for Pennsylvania on
Q: In the state of Pennsylvania, if I own a property before marriage and get divorced later is that property in jeopardy?

My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... Read more »

Stephen M. Asbel
PREMIUM
Stephen M. Asbel
answered on Feb 15, 2022

To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My question is how do you get a divorce from your wife if she is refusing to give you her address
Jason R Carpenter
Jason R Carpenter
answered on Oct 25, 2021

In Pennslyvania, there is what can be called a passive divorce under 3301(d). You will need to serve her by what is known as original service with the initial complaint. You do not need her address, but only to have service of process or have her accept the documents. Both would be considered... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband an I r separating, the car is in both of our name? Can I just take the car? Can he do anything about it?

If we see a divorce judge, who will be most likely to get the car?

The car is paid off. We trade my car in, only got 500 bucks but it was still my car.

Peter N. Munsing
Peter N. Munsing
answered on Sep 17, 2021

You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.

1 Answer | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: My wife walked out with no warning. She said she would help pay for what's also in her name. Now she refuses to.

I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... Read more »

Peter N. Munsing
Peter N. Munsing
answered on Sep 13, 2021

You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I sell my house that I brought under my name only before I get a divorce

I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.

Peter N. Munsing
Peter N. Munsing
answered on Jul 30, 2021

You need to speak with an attorney who handles domestic relations. The problem is does liquidating the asset--turning your house into cash--change who can get what? It's a pre marital asset, and if you made all the payments and it's in your name, I'm not sure if you want to liquidate... Read more »

1 Answer | Asked in Divorce and Estate Planning for Pennsylvania on
Q: Is there a way to protect an inherited IRA and any distributions from a spendthrift spouse or divorce?

Is an inherited IRA protected from a divorce? If distributions from an inherited IRA are made into an account solely in the name of the IRA recipient, are those distributions protected from divorce? Can those distributions be made directly to the recipient's living trust that has a co-trustee... Read more »

Nina Whitehurst
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Nina Whitehurst
answered on Jun 30, 2021

Drafted correctly, a trust or trusts as beneficiary(ies) would not have any different tax consequences than naming individual beneficiaries. Look for an attorney in your area that understands how to draft a "see-through" retirement plan trust.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex didn’t follow through with the marriage settlement agreement is there a statute of limitations on it
Peter N. Munsing
Peter N. Munsing
answered on May 25, 2021

Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.

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