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Pennsylvania Divorce Questions & Answers
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 Pendergast
Karen Ulmer Pendergast 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 »

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation....
Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife has filed for a divorce but I want marriage counseling because I believe we can work things out. is it possible

We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

Yes, the divorce complaint will give you information about filing for counseling. You'll have to file a petition for it. The court can order up to three counseling sessions. usually the person seeking the counseling is responsible for paying for it.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Divorce for Pennsylvania on
Q: I purchased a house and my wife had just her name put on the deed. She refuses to add my name. What do I do

My wife and I purchased a house in mckean county which I paid for. Ahe doesnt work. She contacted the attorney and told them to put only her name on it. They didn't contact me to see if it was ok. However my wife is refusing to put my name on it and now I have a feeling she is going to sell it... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 21, 2019

I suggest filing a "lis pendens" against the property in McKean Co. in the Prothonotary's Office there. Anyone looking to purchase that property in the future should see that there is a cloud on the title with that filing.

Best of luck to you.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I are US Legal residents in PA state. She owns a house in India acquired during our marriage.

If I file for divorce in US will I be able to get half the property?

Do we follow US laws even thought the property is in India if the divorce is filed here? How long will the divorce take? How much will it cost?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You have quite a few issues and it would be best if you schedule an in person consultation with an experienced family la attorney in your area to discus them in detail. yes, the property in India can be dealt with during the property division phase of a divorce filed in PA.

2 Answers | Asked in Divorce for Pennsylvania on
Q: I married for 9 month his really abusive. I go to the court house and give me a protection letter. What's rights have

The house deed is on his name and his last wife she passed away more than 10 yrs ago

Penelope A. Boyd
Penelope A. Boyd answered on Sep 30, 2019

I’m guessing from your question that you might not be a citizen yet. Immigrants have the same rights to protection from abuse orders as anyone else, but you should talk to an attorney who knows about domestic violence, immigration and family law. In Lancaster, there is a program called the... Read more »

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1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I live in a house that I purchased after we were married. Can I sell it without her permission?

The house is in my name only. No paperwork has been filed and as of now no divorce is on the table?

Kathryn Hilbush
Kathryn Hilbush answered on Sep 10, 2019

Not if you're getting a divorce. She'll have you in court in a flash.

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