Pennsylvania Divorce Questions & Answers
Q: Ex's first name is different from marriage license and divorce decree. Am i legally divorced?
Marriage license was issues under Nataliya Ryzhova and divorce decree was filed and issued under Svetlana Ryzhova. I am getting remarried in two months, if this going to keep it from happening?
If your ex-wife legally changed her name after getting married, you are still divorced because she is the same person you originally married. Additionally, the courts ask for social security numbers for parties to a divorce, so that should cover you.
Q: I am looking into a divorce no fault. I would like to know what my options. We have no items to separate.
If you have no property to divide and neither party desires alimony pendente lite, you can get a divorce with simple paperwork.
Frankly, in most counties, the court has a self help section where you can print out forms and follow the directions to finish the divorce.
However, if you... Read more »
Q: My wife filed for divorce in Pennsylvania 5 years ago . I pay spousal support . In march of 2017 we made an agreement th
that if I signed over the house which I did she would finalize the divorce and the support payments would stop. I have the email from her lawyer and her stating the agreement . After I signed over the house they would not have any contact with me and 2 1/2 years later they still take support from... Read more »
Sir, I am sorry you had this negative experience. In Pennsylvania, an agreement regarding child support is against public policy and will not prohibit a parent from seeking support for a minor child. Thus, if the agreement is for child support, it is null and void.
With respect to spousal... Read more »
Q: I have a question about possession of a car after a divorce in Pennsylvania.
I have a divorce question. My ex wife and I separated in March of 2017 and divorced in July of 2018. We had only one car that was in my name and was gifted to me after my father died. She was in need of a car for commuting, and since I was moving to NYC at the time and wouldn't need a car, I agreed... Read more »
Based only on the information provided, assuming there is no property settlement agreement or court order giving her the car or dividing the value of the car between you, it remains your car.
Q: I would like to know if it is legal for me to change the locks on my house to keep my ex husband out.
He has his own place and hasn't been living at my address for over 2 1/2 years. His name is on the deed also.
Maybe. There's a lot more information needed to give you a well reasoned answer. I suggest that you schedule a consultation with an experienced family law attorney in your area to explain the entire situation to her/him.
Q: How to terminate my husbands rights to a child that isn't biologically his but he is on the birth certificate
My husband and I are talking a out divorce. Before we got married we split up for 7 months, during that time I got pregnant. When we got back together we then got married, he knew that I was pregnant with another man's child. When the baby was born because we were married his name on the birth... Read more »
If he is physically violent, contact the police to file criminal charges and also file a civil Protection from Abuse (PFA) action against him. The PFA can award you temporary custody as you navigate through a divorce.
Because his name is on the birth certificate, legally he is the... Read more »
Q: Is there any way I can get control of a 529 plan lost to the other parent in a divorce?
I am 18 about to go to college and my father accidentally ended up with my 529 plan in his name (as opposed to my mother owning it) during their divorce. The amount in the 529 would cover my cost of attendance for 4 years at my university, but he is planning on only using half of it and forcing my... Read more »
If your father and mother are divorced, and if there is a written agreement (or court order) detailing the division of marital assets, it is highly unlikely that your father "accidentally ended up with your 529 plan in his name."
Indeed, it is much more likely that the two parties to the... Read more »
Q: In PA, does spousal support end when divorce is final and there were no claims for alimony
The divorce was 3301 c. She has been awarded spousal support. I wasn’t sure if that ended when the divorce is final and there were no additional claims and we both waive the intent to bring any claims.
Unless there has been an agreement to alimony in the property settlement agreement, spousal support generally will stop when the divorce is granted. Alimony, equitable distribution and awards of counsel fees are generally considered ancillary relief that must be part of the divorce. If there is... Read more »
Q: HI, I want to get a divorce from my husband. How would I go about that? I live in pa and he lives in Broome ny.
I been here only a mouth and a half. He wanted this and won't do nothing about it. We have 2 kids which I have and he don't pay child support.
Don’t make the mistake of trying to get something filed just to get it started. There are timelines that affect jurisdiction in family law matters and you want to understand the consequences of the decisions you make. Consultation with an attorney in your area can help you weigh the costs and... Read more »
Q: My boyfriend wants to get divorced. They've been separated for at least 7 years. Can he get divorced w/o her agreeing?
She is very difficult and when he tried to file before she would not sign any papers or cooperate with anything. He doesn't know if she'll cooperate now, but, it's 5 years since he first tried so he is hoping. He just wants to be divorced and to be able to get on with his life with me.
Divorce can be attained without mutual consent under certain sections of the divorce code. Especially in the case of a husband wife that have been separated for the length of time you indicate. He should contact a local divorce attorney to consult with him and assist in getting his divorce... Read more »
Q: In needing to know what exactly do I need to look up or do for a seven day notice to the court. This is for divorce
Can I just write out a seven day notice or is it a document I need to get online to file with court.
I'm sorry but I am not familiar with a "seven day notice."
Q: How do I handle custody if we are separated and he is in another state?
My husband left me for another woman and told me to fly back to Pa to live with my family or I would not have a home anymore (he was kicking me out) so I did. He then moved to another state with the same woman and now I’m trying to figure out how custody will most likely be handled after the... Read more »
Initially, who has the child now? Wherever the child has resided for the past 6 months, THAT'S the state that has jurisdiction over child custody matters. If your daughter is with you in Pennsylvania, but it hasn't been 6 months here yet, but the child WAS previously in your former state for at... Read more »
Q: my husband left and I would like to know do i have to allow him back in my home to retrieve his things.
he put his hands on me and we have only been married for 10 months.
Separation is a very difficult time, particularly if abuse is involved. Check with the lawyer who is representing you in the divorce or the local domestic violence agency to make sure you are safe. If you feel you need a Protection from Abuse order, the DV agency and/or the court may help you... Read more »
Q: Is my alimony taxable in PA on my 2018 tax return. Thank you
It is for your 2018 return and may not be in 2019 as well. Consult with an accountant or attorney familiar with the tax law changes and have him/her review the agreement/order awarding alimony.
Q: In PA, can a non-custodial parent seek partial custody post divorce?
Dad did not seek custody in the divorce and now would like to have at minimum a parenting plan in place. Mom frequently withholds visits, facetime appts under the guise of the child isn't interested.
Absolutely yes.
Q: How do i get a copy of my divorce paper? I dont remember what county granted it.
There is no statewide data bank that keeps track of everyone's divorce decrees. I suggest that you at least narrow it down to limit the number of counties you have contact. Also, sometimes the online search engines have that information but, in my experience, you won't get it without paying the... Read more »
Q: I live in Upper Darby, my wife (possibly) in Arizona. We have no children and no property. What are my divorce options?
Have been separated for more than two years.
It sounds like you may seek a no fault divorce in Pennsylvania. If you can locate your wife and serve her, it is a pretty simple process. If you can’t locate her, it will take a little longer.
If you file for divorce, s
Q: I filed for divorce but my ex husband refuses to sign the divorce papers after how many years are you legally divorced
At least in Pennsylvania, until a court enters a divorce decree, you're NOT divorced -- even if a million years have passed. If, however, your soon-to-be ex-spouse refuses to sign consent paperwork in a divorce, there are things you can do to get a divorce decree without his cooperation.
I... Read more »
Q: I'm in D Nova in a divorce case and the judge is using the old paperwork how can that be possible
This is in Bucks County court
I have to admit -- I have no idea what you're talking about. What old "paperwork"? Perhaps when you say "D Nova," you mean "de novo" -- a type of appeal in which everything is reviewed anew, like a fresh bite at the apple?
It sounds like you need to hire an attorney -- or at least have a... Read more »
Q: Do you need a property agreement in Pennsylvania prior to filing for a divorce
No. In fact more often than not people negotiate and enter into such an agreement after the divorce complaint has been filed. There is nothing to prevent you, however, from entering into an agreement before you file for a divorce. Just be sure you have legal advice before you sign anything.
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