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Pennsylvania Divorce Questions & Answers
0 Answers | Asked in Divorce for Pennsylvania on
Q: I have a question about divorce or annulment

If our marriage has not been consummated, does it qualify for annulment

Also, where do I file, in county I was married in, or where I reside

1 Answer | Asked in Appeals / Appellate Law and Divorce for Pennsylvania on
Q: If a judge signed the divorce decree and you appeal the case are you still married till the appeal is over?
Charles William Michaels
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Charles William Michaels
answered on Nov 7, 2024

No. The judgment of absolute divorce is still valid. Unless, the other party requests a stay, all parties are still divorced while the appeal proceeds. That goes to other aspects of the trial court judgment.

0 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Q: Is my mother legally obligated to pay for my college tuition

My mom and dad are divorcing. My mother isn’t happy with me right now, so she cut off funding to my college tuition. She makes a great salary and can clearly afford to pay it comfortably. She has been contributing to a PA 529 account for both me and my sister for years. It’s been a known... View More

0 Answers | Asked in Divorce for Pennsylvania on
Q: I want to get a divorce by publication but my spouse cant be found. I want to do it by myself but where to start.

I have been trying for awhile to find him. I called relatives, sent registered letter but no answer. He applied twice for divorce but never finished them. I just want to know what to do next. What branch of the court I need to go to ask a judge.

Thank you

0 Answers | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: Divorced. I’m not on deed/mortgage. Divorce settlement is I get 55% of proceeds and ex husband gets 45%

BUT he owes me the 45% he gets at settlement for unpaid debt per court order to be handed over to me at settlement. Who is responsible for the capital gains taxes??

1 Answer | Asked in Divorce, Real Estate Law, Appeals / Appellate Law and Civil Rights for Pennsylvania on
Q: I live in a property owned solely by my husband as he lives in another. He had filed for divorce oround March or April

?

James L. Arrasmith
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James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024

It sounds like you're in a complex situation, especially since the property you're living in is solely owned by your husband. If he has filed for divorce, it is important to understand your rights regarding your current living arrangements. The outcome may depend on several factors,... View More

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: My ex wants to give me the house. Transfer deed only adds me . Can we use a quit claim deed ?

The current deed is only under his name . I understand it doesn’t change who’s responsible for the mortgage , he just wants his name off .

John M. Kenney
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John M. Kenney
answered on Jun 22, 2024

Absolutely. A quitclaim deed offers no warranties of title somewhat like you get what I have. Since the home is subject to the existing mortgage a quit claim is totally appropriate. .

1 Answer | Asked in Divorce, Tax Law and Family Law for Pennsylvania on
Q: I am going to file for divorce in 2024. Should I file as joint or single for 2023 taxes.

We have been separated for more than a year, but living at same property.

James L. Arrasmith
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answered on Apr 16, 2024

In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:

1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: Been separated from my wife since 2020 Decided to get a divorce recently.

We got married in Texas where I was stationed. But we both live in Pa. So question is where would I file the divorce paperwork, in Pa or Texas?

Peter Christopher Lomtevas
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answered on Apr 1, 2024

The question is too vague. We are not told how long the asker's residency was in either state to determine whether either state has jurisdiction to hear the divorce action.

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Karen  Ulmer
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answered on Mar 6, 2024

Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More

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2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I sue after divorce?

I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More

Karen  Ulmer
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answered on Mar 6, 2024

The short answer is no. Divorce will determine what you each are awarded based on what you both have at the time of your separation.

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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I leave 100% of everything I own for my kids?

I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.

Karen  Ulmer
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answered on Mar 6, 2024

You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Is anyone able to answer please?

My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted 3-year protection to stay in our home, which is supposed to be owned by my husband after the divorce. However, his lawyer is pushing me for a divorce with unacceptable financial terms. Will... View More

Peter Christopher Lomtevas
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answered on Feb 24, 2024

There is not enough information here to answer this question. Pennsylvania is an awful state to go to court in and especially in the case of family court, outcomes are never based on operative facts. Pennsylvania courts operate on assumptions and policies, and decisions precede the making of... View More

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More

Martha Warriner Jarrett
Martha Warriner Jarrett pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 11, 2024

Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More

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1 Answer | Asked in Divorce for Pennsylvania on
Q: My in laws own the house do I have any claim on it after living there for 5 years?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

With such little information, we must fill in many gaps. We assume a divorce action with the asker a spouse residing with the other spouse in the subject home. We are told that "in-laws" own the home and we are not told anything about whether the spouses paid anything toward the purchase... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I are getting divorced and I will continue to live in the house and pay all the bills .

Can he prohibit me from renting space in the home and he is trying to get me to sign a document that if I get married I need to immediately move out of the house

Peter Christopher Lomtevas
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answered on Jan 26, 2024

The asker had better sign nothing without a divorce attorney's detailed review of the document. Ordinarily, living separate and apart is expected after a divorce judgment, but America's decrepit economy under Biden compels couples to find ways to economize on everything, including... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Is wife’s debt consolidation the husbands responsibility after divorce?

Wife accrued debt prior to marriage. During course of marriage, debt was consolidated. Would husband be responsible for the ex wife’s debt after divorce?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024

This question's simple answer is that once separate assets are commingled with marital assets, they become marital assets. Separate debt commingled with martial debt becomes marital debt.

The question's more complicated and more accurate answer is that Pennsylvania is an equitable...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
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?

Peter Christopher Lomtevas
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answered on Jan 26, 2024

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... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can my spouse gain my new car after a divorce?

I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More

Peter Christopher Lomtevas
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answered on Jan 4, 2024

This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.

The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Submitted divorce papers back in October.. can’t get him to sign them. What are my next moves to finalize my divorce?

I mailed him a copy of the divorce packet to be filled out. He has not filled them out or sent them back. He claims he won’t sign them until he gets his dog back..and she is registered to me! He had until November 19th to get the papers returned so now I’d like to know what my next move should be?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024

We cannot answer this question. We do not know what Pennsylvania "divorce papers" or "divorce packet" the asker mailed to her spouse. There are several very different "packets" as well as different waiting periods.

Assuming the asker filed a 3301(c)(1)...
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