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Pennsylvania Divorce Questions & Answers
1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Ex got house in divorce but im responsible for mortgage she's on deed not mortgage been seven years.

Now she wants me to Fill new paperwork out stating if I pass away the house goes to her why would she need that?

John Michael Frick
John Michael Frick
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...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In the state of Pennsylvania, If my mother and I own a house together can we lose the house in my divorce?

It would be Philadelphia, PA - to be exact.

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: My divorce was filed in Potter county by an attorney, I reside in chester My husband won’t sign or acknowledge, what do

I do next. I haven’t had any contacts with him in months. He has not appeared at any spousal or child support hearings

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Does my divorce have to be filed in the same county I was married in in Pennsylvania?

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

Kathryn Hilbush
Kathryn Hilbush
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

1 Answer | Asked in Arbitration / Mediation Law and Divorce for Pennsylvania on
Q: Why are there two counts on my PA Divorce Papers?

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

Kathryn Hilbush
Kathryn Hilbush
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.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What should plaintiff do if defendant does not sign Waiver of notice and Affidavit of consent in a no fault divorce in t
Kathryn Hilbush
Kathryn Hilbush
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

2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

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

W. J. Winterstein Jr.
PREMIUM
W. J. Winterstein Jr.
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...
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2 Answers | Asked in Divorce, Foreclosure and Family Law for Pennsylvania on
Q: Fiance is still on the mortgage to his previous house with his ex

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

David Kennedy Bifulco
PREMIUM
David Kennedy Bifulco pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

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1 Answer | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: My partner is trying to divorce her ex husband. He has lived in WA for over a year with their son. Their other..

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?

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

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

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 3, 2023

The daughters father can live with anyone he wants any time he wants as long as the child is not placed in imminent danger to life or health. Having a demented elderly parent is not a risk factor for a child, at least not without further information.

Hypothetically, if the elderly demented...
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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: Can my daughter's father move people into his home without notifying me?

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

Kathryn Hilbush
Kathryn Hilbush
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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1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: We have been separated for 2 years, prior to the housing boom, are they now eligible for the new inflated worth?

Pennsylvania.

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 1, 2023

The value of the marital home equity is generally determined as of the tie the case goes to court, or as near to that date as possible, but there may be factors which would support using a different approach. If you consult with a local attorney experienced in family law, you should be able to... View More

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Feb 4, 2023

I suggest that your first action should be to schedule a private consultation with a local attorney experienced in family to learn about your options and the divorce and custody processes. Even if you then decide to try to go it in your own without an attorney, which is generally not recommended,... View More

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2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What steps should I take to file for divorce and custody in Ford City Pennsylvania.

I've been the only income for pretty much the whole 6 yr relationship. We have a 4yr old daughter. He's stayed home with her. And still refuses to get a job now that she's in headstart. And it's been nothing but emotional abuse and gaslighting. I have 3 son's from a... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 10, 2023

This by no means is a "better" answer than that of my colleague. This merely supplements to a small extent an already effective response.

The asker must retain counsel. One cannot possibly rely on the integrity, impartiality and independence of the Pennsylvania judiciary....
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1 Answer | Asked in Divorce for Pennsylvania on
Q: How long to physically receive the divorce decree after all paperwork has been filed in PA?

I filed for a 3301c divorce through Philadelphia courts. I submitted all the paperwork, waited all necessary waiting periods, and paid all fees. The Final Praecipe to Transmit Record was filed and I gave two self addressed stamped envelopes (one for me and one for my ex) to receive the completed... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Dec 15, 2022

No way to know. They handle paperwork as it comes in. Judges have to sign decrees and who knows how high the pile on the desk of the judge who got the proposed decree may be. Plus it's the holidays and so court filings are usually much higher in number while the court house personnel are out... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can spousal support not alimony be taking away if I move in with my boyfriend? This is in Pennsylvania
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2022

In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.

We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2022

There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... View More

Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 24, 2022

The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.

This hourly scheme works wonders for an attorney who wants to abandon...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: I've been divorced for 2 years. Was Married for 22. My x is very well off. He had done fraudulent things, hid money.

I receive $3500 in alimony that ends in two more years all the money that he hothead is now out and he is using it getting remarried vacationing all over the world and spending it like you used to when we were married. What can I do I deserve to get our alimony adjusted I think I don't know if... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 26, 2023

Alimony is usually non-modifiable but it depends on what your property settlement agreement or equitable distribution order says. Please schedule a private consultation with a local attorney experienced in family law to review your alimony award and learn what options you might have.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I have been married for seven years. Do I have any right to the house?

My name is not currently on the house. It is completely paid off. The house was purchased before we married, but during our 14 years together. We keep our money in separate banks, so no joint accounts. We have two young children.

Kathryn Hilbush
Kathryn Hilbush
answered on May 30, 2023

It's possible that you have a claim to a share of the increase in value of the house from date of marriage to date of separation, but a more in depth review of your marital estate would be required. I urge you to consult in person with a local attorney experienced in family law to obtain more... View More

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