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.
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 »
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.
How do u admend it to do this is there a special form to submit to courts
You just need to file a new pleading called Amended Divorce Complaint, add in the count and then serve her with it.
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 »
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 »
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 »
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.
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 »
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 »
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?
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 »
We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?
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.
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 »
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.
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?
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.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
