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Pennsylvania Divorce Questions & Answers
1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I sell my house that I brought under my name only before I get a divorce

I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.

Peter N. Munsing
Peter N. Munsing answered on Jul 30, 2021

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 »

1 Answer | Asked in Divorce and Estate Planning for Pennsylvania on
Q: Is there a way to protect an inherited IRA and any distributions from a spendthrift spouse or divorce?

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 »

Nina Whitehurst
Nina Whitehurst answered on Jun 30, 2021

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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: If I get money from a lawsuit in 2022 and I’ve been divorced since 2008 will my ex husband be entitled to any of it

The case stems from an event in 1991 when I was married

Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex didn’t follow through with the marriage settlement agreement is there a statute of limitations on it
Peter N. Munsing
Peter N. Munsing answered on May 25, 2021

Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.

1 Answer | Asked in Divorce for Pennsylvania on
Q: How do you go about having an ex spouse removed from a deed that is not on the mortgage?

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 »

Scott L. Levine
Scott L. Levine answered on Apr 26, 2021

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.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: Can my ex force me to drive our son to his house for visitations? He doesn't want to both pick up and drop off our son.

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.

Peter N. Munsing
Peter N. Munsing answered on Feb 23, 2021

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.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Do you need to be married for a very length of time to split assets like savings, and 401k?
Kathryn Hilbush
Kathryn Hilbush answered on Jan 16, 2021

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.

1 Answer | Asked in Child Custody, Divorce, Domestic Violence and Family Law for Pennsylvania on
Q: Can a defendant be held in contempt if the plaintiff and defendant exchange their child during arranged custody times?

The PFA allows contact when it pertains to the child.

Mr. Ryan L Hyde
Mr. Ryan L Hyde answered on Nov 15, 2020

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 »

1 Answer | Asked in Divorce, Estate Planning, Real Estate Law and Banking for Pennsylvania on
Q: My husband and I are in the divorce process. I just found out he refinanced the house w/o my knowledge. Is this legal?

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 »

Vincent Gallo
Vincent Gallo answered on Aug 1, 2020

If he signed mortgage documents without you joining in, you are unaffected by the new mortgage documents.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get half value of a vehicle after divorce?

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 »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 27, 2020

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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: If my ex is cohabiting, will it affect alimony?

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 »

Kathryn Hilbush
Kathryn Hilbush answered on Jun 23, 2020

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.

1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My husband has says that Covid-19 is fake news! He has been putting us at risk every single day, says he doesn't care!

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 »

Cary B. Hall
Cary B. Hall answered on Jun 8, 2020

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 »

1 Answer | Asked in Divorce and Tax Law for Pennsylvania on
Q: What do I need to do to receive my Stimulus if my ex wife received it?

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 »

Zaher Fallahi
Zaher Fallahi answered on Apr 27, 2020

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 »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello, my wife has just handed me an “acceptance of service”and asked me to sign. What does this mean?

I am in Montgomery county, pennsylvania

Russell E. Farbiarz
Russell E. Farbiarz answered on Apr 10, 2020

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 »

2 Answers | Asked in Bankruptcy and Divorce for Pennsylvania on
Q: Should I do my chapter 7 bankruptcy before or after divorce?

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 »

Timothy Denison
Timothy Denison answered on Apr 8, 2020

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.

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1 Answer | Asked in Criminal Law, Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: Does my wife have grounds to file a pfa on me?

Sgbkk

Melinda Previtera
Melinda Previtera answered on Apr 3, 2020

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 »

1 Answer | Asked in Divorce, Bankruptcy and Probate for Pennsylvania on
Q: Looking for flat fee attorney to provide referral fee for sales from sellers in property sales from divorce, prob, bkrty
Timothy Denison
Timothy Denison answered on Mar 26, 2020

Check with your local bar association or legal aid society.

1 Answer | Asked in Divorce and Real Estate Law for Pennsylvania on
Q: When can you be required to pay an attorney engaged by someone else?

A divorcing couple owned two houses. They agreed that Party B would get the better house and Party A would take their small and run-down first house. Party A could not get a mortgage for the property because too little was still owed on the original loan and nobody would write a mortgage for that... Read more »

Cary B. Hall
Cary B. Hall answered on Feb 24, 2020

Party B may want a helicopter too. Should Party A pay for it?

Sounds like Party A is not liable to pay the attorney bill because Party A never contracted with the attorney for legal services . . . but sounds like Party B did. So don't pay it.

Best of luck to you.

1 Answer | Asked in Divorce for Pennsylvania on
Q: If she didn't file an Answer to your divorce complaint, you may be able to amend it to add the 3301(d)

How do u admend it to do this is there a special form to submit to courts

Karen  Ulmer
Karen Ulmer answered on Jan 28, 2020

You just need to file a new pleading called Amended Divorce Complaint, add in the count and then serve her with it.

1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: My wife and I agree on a divorce and are curious as to how the process will work in PA.

I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... Read more »

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