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Pennsylvania Divorce Questions & Answers
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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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Ex got house in divorce but im responsible for mortgage she's on deed not mortgage been seven years.

Now she wants me to Fill new paperwork out stating if I pass away the house goes to her why would she need that?

John Michael Frick
John Michael Frick
answered on Oct 5, 2023

She doesn’t need that. The special warranty deed you signed at the time of your divorce already conveys 100% ownership of the house to her.

You might want to investigate if the deed work from your divorce case was properly recorded. It sounds like someone thinks the house is still...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In the state of Pennsylvania, If my mother and I own a house together can we lose the house in my divorce?

It would be Philadelphia, PA - to be exact.

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 28, 2023

Hello. Property that is owned jointly with a third party is still marital, however, if you own it equally with your mom, only half of the property is marital for purposes of divorce. You need to look at your deed. The increase in value of the property during the marriage is what the court can... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: My divorce was filed in Potter county by an attorney, I reside in chester My husband won’t sign or acknowledge, what do

I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jul 26, 2023

If Potter County requires that he acknowledge and submit to jurisdiction (most likely) then you will need to transfer the action (there is a filing fee) to Chester County and then proceed in the County where you both reside as he is already subject to jurisdiction in Chester County. You can then... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?

I contacted a lawyer’s office about divorcing my husband (he agrees and does not want to contest anything, we have no kids, and we have no property to split) and they agreed they could help me, I paid them, and the last I spoke to them they are filing the final pipework with the court for the... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jul 3, 2023

The divorce action does not have to be filed in the county where you were married but should be filed in the county where one of you resides. There are attorneys who will file for the divorce in other counties, such as Potter County, because the filing fees are less but I would not recommend doing... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: I've been divorced for 2 years. Was Married for 22. My x is very well off. He had done fraudulent things, hid money.

I receive $3500 in alimony that ends in two more years all the money that he hothead is now out and he is using it getting remarried vacationing all over the world and spending it like you used to when we were married. What can I do I deserve to get our alimony adjusted I think I don't know if... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 26, 2023

Alimony is usually non-modifiable but it depends on what your property settlement agreement or equitable distribution order says. Please schedule a private consultation with a local attorney experienced in family law to review your alimony award and learn what options you might have.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I have been married for seven years. Do I have any right to the house?

My name is not currently on the house. It is completely paid off. The house was purchased before we married, but during our 14 years together. We keep our money in separate banks, so no joint accounts. We have two young children.

Kathryn Hilbush
Kathryn Hilbush
answered on May 30, 2023

It's possible that you have a claim to a share of the increase in value of the house from date of marriage to date of separation, but a more in depth review of your marital estate would be required. I urge you to consult in person with a local attorney experienced in family law to obtain more... View More

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Pennsylvania on
Q: Why are there two counts on my PA Divorce Papers?

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... View More

Kathryn Hilbush
Kathryn Hilbush
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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Should I file a motion to strike

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

Kathryn Hilbush
Kathryn Hilbush
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.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
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... View More

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

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... View More

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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1 Answer | Asked in Social Security, Divorce and Family Law for Pennsylvania on
Q: Been married 40 years need to leave and my husband has disability and pension for income I said I need half to move out

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

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... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

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... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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...
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1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

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?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: We have been separated for 2 years, prior to the housing boom, are they now eligible for the new inflated worth?

Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
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... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

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... View More

Kathryn Hilbush
Kathryn Hilbush
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,... View More

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1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I reopen my divorce to ask for more retirement income. Divorce was in 2005.

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.

Kathryn Hilbush
Kathryn Hilbush
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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: How long to physically receive the divorce decree after all paperwork has been filed in PA?

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... View More

Kathryn Hilbush
Kathryn Hilbush
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... View More

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