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 »
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.
You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.
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 »
You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.
I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.
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 »
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 »
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.
The case stems from an event in 1991 when I was married
If your divorce is final, no. Generally a spouse isn't entitled to money for your injuries, but may have a separate claim for loss of consortium. But that would have been made at the time or before the divorce. If it's final, it is yours. Discuss with the attorney getting you the settlement.
Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.
This was a no fault divorce, so nothing was stated in the divorce decree. She lives in the home and during the divorce, verbally stated she would make the payments. Since the divorce, she has remarried and has promised numerous times that she was going to refinance to get the mortgage in their... Read more »
If there was no Settlement Agreement executed in this case and neither party filed a count for Equitable Distribution during the Divorce, the remedy now is most likely a Complaint for Partition.
I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.
See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.
No. The proportion of the division of assets may be different for a very short marriage but the general rule is that if the asset was acquired during the marriage, it's divisible between the parties.
The PFA allows contact when it pertains to the child.
It depends (I know, not the answer anyone wants). For just a cuatody exchange the answer is no. However, in my experience if something gets said that isnt custody related the answer is yes. Which is why so many family attorneys recommend custody exchanges at police stations in these types of... Read more »
My husband (soon ex) and I built a house together 3 years ago. Due to criminal charges and domestic he was evicted from the home and I live here with our children. We are both on the deed as well as his father (who helped us) but I am not on the home loan, just my husband and his father. I just got... Read more »
If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.
My ex husband and I have been officially divorced for about 3 years. While we were married we purchased a newer vehicle together in both of our names. We chose not to fight over anything but he wanted the car. I signed my name off of the loan, but the registration and title was still under the both... Read more »
It depends on exactly how you resolved the car issue in connection with the divorce. Was there a written settlement agreement? A court order concerning property distribution? The only way t know how you might proceed with this issue is to have a private consultation with an experienced family law... Read more »
I have been paying alimony for over 15 years and my ex refuses to marry her boyfriend in fear of losing some alimony. She has been cohabiting for over 6 years though. I am in Pennsylvania, and wondered if I can lower my alimony payments. Our divorce decree states I pay $700 per month, unless she... Read more »
It depends if your divorce decree includes cohabitation. If it does, then very possibly. If it doesn't, you should still consult with an experienced family la attorney, but from where I stand, it doesn't look hopeful based on what you've said.
My husband is out socializing EVERY-SINGLE-DAY! Partying every/all weekend and refuses to distance/wear mask/etc. He wont allow our 6 yr old son to wear a mask when they are outside together which really bothers my son. Today, for the 2nd time (1st time was even worse), he has risked our son's... Read more »
At this point, you're still married and each of you has as much "right" to parent your child as you each see fit. If you want to change that and have "a leg to stand on" to prevent your husband from parenting in a way that you oppose, then you'll need to file at least... Read more »
My ex wife and I filed our taxes jointly in 2019 despite going through an amicable divorce that was effective 01/14/2020.
She received my stimulus and did forward it to me, reluctantly, indicating she wanted her stimulus and some of mine. There are talks of possible additional stimulus... Read more »
You were not married when she received the check, one half of which belongs to you because of your marriage during 2019. You need to work it out with her and let her know that you are legally entitled to ½ of the money. Probably, it is not worth to ask attorney to write a letter to her. I hope... Read more »
I am in Montgomery county, pennsylvania
First off, you should contact a divorce attorney immediately to review anything before you sign it. Typically an acceptance of service is a document that verifies that you have been served with a complaint (in your case it sounds like a complaint in divorce). Read the document. If you... Read more »
I'm separated from my wife and we're planning to get divorced.
I also have $70k in credit card debt and am planning to file for chapter 7 bankruptcy soon.
All of the debt is in my name not hers.
Would it be more advantageous to go through the bankruptcy before... Read more »
Consult a bankruptcy attorney and let him review the financial info, it matters which you file first but only a complete review of your finances can tell you which yo file first.
Sgbkk
There are probably more details about your situation which were not included with your question. You may want to revise your question or reach out to an attorney to get specific information about your case if your wife has filed a PFA.
--Melinda Previtera | Petrelli Previtera, LLC |... Read more »
Check with your local bar association or legal aid society.
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