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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read 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... Read more »
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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... Read more »
Pennsylvania.
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... Read more »
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... Read more »
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,... Read more »
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... Read more »
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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.... Read more »
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... Read more »
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... Read more »
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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... Read more »
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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... Read more »
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... Read more »
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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... Read more »
I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?
answered on Oct 15, 2022
I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... Read more »
He has it hidden somewhere so I cant even get it myself.
answered on Sep 20, 2022
I am sorry you’ve had that experience. Please be advised that the court of common pleas does retain jurisdiction over a divorce to the extent one party fails to comply with the agreement that the court adopted as a order of court.
You may file a petition with the court that presided over... Read more »
My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... Read more »
answered on Jul 18, 2022
Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... Read more »
I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.
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answered on May 21, 2022
Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... Read more »
I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... Read more »
answered on May 21, 2022
"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... Read more »
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.
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... Read more »
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