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Pennsylvania Divorce Questions & Answers
0 Answers | Asked in Child Custody and Divorce for Pennsylvania on
Q: My husband is undocumented and I am a US citizen, he has a case pending for DV. How does this impact my divorce?

We have been married for 10 years, he has abused me for 10 years. Now he is asking for alimony and division of assets and shared custody of our one child.

0 Answers | Asked in Divorce for Pennsylvania on
Q: What is the best way to gather information on the divorce process especially regarding child,, custody and support

I do not have a lot of money. I realize a consultation would be the best starting point, but is there information I can gather on my own to help with the fees?

0 Answers | Asked in Divorce, Family Law and Landlord - Tenant for Pennsylvania on
Q: Do I legally have to give my boyfriend an eviction notice to have him leave my house?

I own the home, he moved in with me 4 years ago and his drinking has caused our relationship to dissolve. Being together is causing stress and arguments that I am concerned are going to escalate. I've asked him to leave however, he states he's entitled to notice. Do I legally have to... View More

0 Answers | Asked in Divorce, Family Law, Domestic Violence and Health Care Law for Pennsylvania on
Q: How can my sister in law leave her abusive disabled husband without it being considered abandonment?

husband is disabled and in a wheel chair from a drunk driving accident. he has become increasingly emotionally abusive to her and her kids. He’s also began hitting the kids while she’s at work and his aide is present. (She does not believe in this). They both agreed to split and filed for... 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
Peter Christopher Lomtevas pro label 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

0 Answers | Asked in Divorce for Pennsylvania on
Q: PFA and Divorce

My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted a 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.... View More

0 Answers | Asked in Divorce for Pennsylvania on
Q: Can I decline a divorce for 3 years in PA if I granted 3 years of PFA to stay in our house?

My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted a 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.... View More

0 Answers | Asked in Divorce for Pennsylvania on
Q: Can my wife lawyer request I take out a life insurance policy for the expected time of my life apon of death

To finically support her even after my death? And still pay all of her bills plus alimony?

2 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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0 Answers | Asked in Divorce for Pennsylvania on
Q: My ex wife moved out of the house over a year ago and still has belongings in the house. I have given her ample time

to get these items, can I throw them away? She also abandoned a dog that I have been taking care of (pet bills, food, ect) and is threatening to now take that dog back, is she allowed to do that?

0 Answers | Asked in Divorce for Pennsylvania on
Q: What is the best action to take?

Recently married, but have been living in my now-husband’s home for 5 years. He purchased the house 10 years prior to me moving in. He has had the home for 15 years total. I pay cheap “rent” and have not contributed to permanent home improvements yet. We have not combined finances yet.... View More

0 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: Inquiring about finances for a retired husband who has paid nearly ever expense, including paying off the mortgage, etc.

I've been married for 20 years. I retired 6+ years ago with a federal pension, and I also receive royalty income from property I owned prior to marriage. I have paid for nearly every living expense including paying off the mortgage over 17 years, all taxes, health/home/auto insurances,... View More

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
Peter Christopher Lomtevas pro label 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

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
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.

I received a... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More

1 Answer | Asked in Child Custody, Divorce and Family Law for Pennsylvania on
Q: "Redlining" and Child Relocation

Is anyone out there aware of "redlining" and how it can affect a child relocation decision, or appeal? Explanation: Parent was allowed to relocate child to the Upper East Side of Manhattan (2 hrs away). Non Relocating parent can not afford to move closer to NYC. Essentially... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Dec 29, 2023

This asker confuses issues to the extent that he can never understand what happened and how it happened. We will disassemble the best we can how a §5337 relocation went south for the asker.

Synopsizing the facts, we see there was a modification of an order of custody that granted the...
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