Have a Legal Question?

Get Free Answers From Experienced Lawyers!

Lawyers, increase your visibility by answering questions and getting points. Answer Questions
Pennsylvania Divorce Questions & Answers
4 Answers | Asked in Divorce, Landlord - Tenant, Real Estate Law and Family Law for Pennsylvania on
Q: What legal actions can be taken if an ex-spouse delays refinancing deed removal per divorce decree in Pennsylvania?

I'm dealing with an issue where my husband has sole responsibility for a property per a divorce decree and has been renting it out for 15 years. His ex-wife agreed to have her name removed from the deed at the time of refinancing, but she is delaying the process despite having agreed and... View More

Nellie T Schulz
Nellie T Schulz
answered on May 24, 2025

Your husband should go back to the court that issued the divorce decree and file: (a) a petition in contempt. I am not sure how much time has passed since the divorce decree was issued (was it the 15 years mentioned?), but it must be long enough for the court to conclude that she has failed to... View More

View More Answers

2 Answers | Asked in Divorce, Contracts and Domestic Violence for Pennsylvania on
Q: Is a prenup I signed under pressure, without legal advice, legally binding in PA?

My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Mar 23, 2025

First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More

View More Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: How long do you have to appeal a divorce if you were forced under durress & under the influence knowingly by ex&lawyer?
Tony Chiaramonte
Tony Chiaramonte
answered on Dec 10, 2024

This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.

In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are...
View More

1 Answer | Asked in Divorce, Tax Law and Family Law for Pennsylvania on
Q: I am going to file for divorce in 2024. Should I file as joint or single for 2023 taxes.

We have been separated for more than a year, but living at same property.

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can I leave 100% of everything I own for my kids?

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.

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

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Peter Christopher Lomtevas
Peter Christopher Lomtevas pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

2 Answers | Asked in Divorce and Family Law for Pennsylvania on
Q: What part of my retirement is my ex entitled to in Pennsylvania and what can I do protect myself from losing it?
Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

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

Martha A. Warriner
Martha A. Warriner pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

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

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

View More Answers

3 Answers | Asked in Bankruptcy, Divorce, Tax Law, Domestic Violence and Family Law for Pennsylvania on
Q: Violent Ex-husband filed bankruptcy 2x since Divorce. trying to have his debt to me deemed Unsecured. Can he do this?

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

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
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

View More Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Is wife’s debt consolidation the husbands responsibility after divorce?

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?

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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Can my spouse gain my new car after a divorce?

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

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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I received mail late from my husband’s attorney, sent regular mail causing a missed court date. What should I do next?

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

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

1 Answer | Asked in Divorce, Child Support, Child Custody, Business Law and Family Law for Pennsylvania on
Q: How can I expedite divorce with delays from spouse? Separated since 2022.

I've been separated from my spouse since July 7, 2022, and we have lived in separate residences since then. My spouse initially filed for divorce in 2023, and I signed my portion under the impression it would proceed after a 90-day waiting period. However, she didn't complete or file her... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 6, 2025

It sounds like you’ve been patient for quite some time, and your frustration is completely understandable. When one spouse delays or refuses to cooperate, the divorce process can drag on unnecessarily. Since you’ve been separated since 2022, you may be eligible to proceed under a no-fault... View More

1 Answer | Asked in Divorce, Employment Law, Family Law, Bankruptcy and Tax Law for Pennsylvania on
Q: I'm divorcing my husband in PA; need info on moving out, filing first, and securing alimony and temporary support.

I am trying to divorce my narcissistic and abusive husband in Pennsylvania. We've been married for 11 years and together for 14, without a prenuptial agreement, and we have no children. I am on disability, and my husband, who earned over a million dollars last year, controls all of our... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Nov 3, 2025

You can and should prioritize safety; if abuse is present, seek a Protection From Abuse order that can remove him from the home, bar contact, and compel temporary support. Moving out does not forfeit your rights to property or support, but staying solely to preserve claims is unnecessary if it... View More

1 Answer | Asked in Divorce, Family Law and Contracts for Pennsylvania on
Q: How can an attorney assist with finalizing divorce and MSA paperwork in PA?

I am seeking assistance from attorneys to help finalize my divorce and complete the marital settlement agreement paperwork. I want to ensure everything is wrapped up correctly and need guidance on any necessary legal steps. What should I be aware of during this process, and how can an attorney... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 22, 2025

Finalizing your divorce and marital settlement agreement (MSA) in Pennsylvania involves several important steps to ensure everything is done properly and legally binding. The MSA is a key document that outlines how property, debts, and, if applicable, custody and support will be divided. Before... View More

2 Answers | Asked in Divorce, Immigration Law and Family Law for Pennsylvania on
Q: Concerned husband married me for green card, wants divorce, how to protect my rights?

I've been married to my husband since February 2016. Recently, after he received his green card, he's been treating me differently and expressed that he never loved me, indicating he only married me for his green card. We haven't taken any legal action yet, but I'm concerned... View More

Stephen Arnold Black
Stephen Arnold Black pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 17, 2025

If he has a 10-year permanent green card, there’s little you can do to affect his status.

If he only has a 2-year conditional card, your refusal to participate in the I-751 petition to remove conditions could jeopardize his ability to obtain permanent residency.

View More Answers

Q: Is a notarized agreement legal for sharing insurance money between separated spouses?

I am currently separated from my husband, with whom I have a modified PFA. Last Christmas Eve, our garage burned down, partially damaging our house. My husband's name is the only one on the homeowners insurance, and the insurance check will be solely in his name. We need to submit a personal... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 7, 2025

You’re right to be cautious, especially since your husband holds the insurance policy and has indicated he doesn’t intend to share the funds. A **notarized agreement** between you and your husband can carry legal weight as a written contract, but only if it meets certain requirements. For it to... View More

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: What is the cost of a no-fault divorce in Potter County without shared assets?

I am seeking information on the cheapest option for obtaining a no-fault divorce in Potter County. My spouse and I have no shared assets or children, and he is willing to sign the divorce papers. What costs should I anticipate for this process, and are there any additional fees or requirements that... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 6, 2025

You’re in a good position to keep your divorce simple and inexpensive since both of you agree to the terms and have no shared property or children. In Potter County, Texas, the **filing fee** for an uncontested, no-fault divorce typically ranges between **$250 and $350**, depending on whether... View More

1 Answer | Asked in Immigration Law, Divorce and Family Law for Pennsylvania on
Q: Impact of divorce on N400 application and future sponsorship

I have applied for N400 Naturalization under the criteria of being married to a US citizen for over three years. I've been a permanent resident for 4.5 years and hold a 10-year green card. I am considering filing for divorce now. I understand I might need to withdraw my current application and... View More

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Oct 1, 2025

Since you applied for naturalization under the three-year marriage rule, your eligibility depends on still being married to and living with your U.S. citizen spouse up until the time of your oath. If you divorce before your application is decided, USCIS will no longer consider you eligible under... View More

Justia Ask A Lawyer is a forum for consumers to get free 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 Justia and you, or between any attorney who receives your information or responds to your questions and you, 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.