Get free answers to your Divorce legal questions from lawyers in your area.
We have been separated for more than a year, but living at same property.
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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 
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.
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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
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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
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answered on Mar 17, 2024
The law in Pennsylvania regarding the distribution of marital property is not a knife's edge split of everything. The law is "equitable distribution" of the marital estate which means a fair distribution of the marital estate.
So, the amount on the table for distribution is... 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
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answered on Feb 22, 2024
In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... 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
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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
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
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answered on Mar 10, 2024
With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.
In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in... 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?
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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
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
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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... View More
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
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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
Now she wants me to Fill new paperwork out stating if I pass away the house goes to her why would she need that?
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... View More
It would be Philadelphia, PA - to be exact.
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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
I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings
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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
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
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
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
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.
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
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
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... View More
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
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answered on May 2, 2023
I agree with Mr. Winterstein. Since your friend is not an obligor on the Mortgage the Foreclosure will have no legal effect on her individually. However, if there is a deficiency after the foreclosure and the lender seeks to enforce it against her new husband it could have effects on the... View More
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?
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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
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
answered on Apr 3, 2023
Please consult with an experienced family law attorney in your area. In PA, parents are entitled to know the criminal history of anyone who resides in the household of the other custodial parent. If your concerns involve other issues, such as whether there might be safety issues which involve the... View More
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