Get free answers to your Divorce legal questions from lawyers in your area.
I am currently going through a divorce, and my spouse plans to withdraw funds from my 401(k) to pay for her half of our house. Does that money need to be reinvested to avoid tax penalties?
My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More 
answered on Mar 23, 2025
First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More
What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More
answered on Mar 16, 2025
I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More
I am involved in a situation concerning a deed to a property originally owned by my great-grandmother. She intends to transfer it to me following her divorce, which occurred in 2020, when a party's name was removed from the deed. I currently have the original deed with an updated stamp... View More
I agreed to a divorce in Northampton County, PA, and want to understand what my child support and alimony should be, given that my monthly gross income is $6,825 and my ex-spouse's monthly gross income is $3,465. We have one child for whom she has custody, and I kept the home. The agreement... View More
answered on Mar 3, 2025
Possibly yes as to the child support, probably no as to the alimony. If you had an attorney representing you for the negotiations and finalization of the divorce, that would be the best person to ask this question. If you were not represented, then locate a locale attorney experienced in family law... View More
she has cancer and her husband will not get rid of any of his assist for her to get Ssi now. he now left her and is with someone else while still married to her and left her in a house that is not safe for her to live in and with no money for anything she needs is there something we can do for her
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 9, 2025
I'm so sorry to hear about your sister's difficult situation - dealing with cancer while facing abandonment and financial hardship must be incredibly challenging for both of you.
Your sister may qualify for emergency SSI benefits despite her husband's assets since they are... View More
answered on Dec 10, 2024
This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.
In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are... View More
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.
?
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
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 .
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. .
We have been separated for more than a year, but living at same property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
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
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
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... View More
Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
