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Pennsylvania Divorce Questions & Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on

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.

Penelope A. Boyd answered on Jun 6, 2019

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 »

2 Answers | Asked in Child Support and Divorce for Pennsylvania on

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.

Penelope A. Boyd answered on May 25, 2019

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 »

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1 Answer | Asked in Divorce for Pennsylvania on

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.

Dawn Padanyi answered on May 9, 2019

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 »

1 Answer | Asked in Divorce for Pennsylvania on

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.

Kathryn Hilbush answered on Apr 15, 2019

I'm sorry but I am not familiar with a "seven day notice."

1 Answer | Asked in Child Custody and Divorce for Pennsylvania on

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 »

Cary B. Hall answered on Apr 6, 2019

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 »

2 Answers | Asked in Divorce for Pennsylvania on

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.

Penelope A. Boyd answered on Mar 27, 2019

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 »

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1 Answer | Asked in Divorce and Tax Law for Pennsylvania on

Q: Is my alimony taxable in PA on my 2018 tax return. Thank you

Kathryn Hilbush answered on Mar 23, 2019

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.

2 Answers | Asked in Arbitration / Mediation Law, Child Custody, Divorce and Family Law for Pennsylvania on

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.

Cary B. Hall answered on Mar 20, 2019

Absolutely yes.

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1 Answer | Asked in Divorce for Pennsylvania on

Q: How do i get a copy of my divorce paper? I dont remember what county granted it.

Kathryn Hilbush answered on Mar 13, 2019

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 »

2 Answers | Asked in Divorce for Pennsylvania on

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.

Penelope A. Boyd answered on Mar 12, 2019

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

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1 Answer | Asked in Divorce for Pennsylvania on

Q: I filed for divorce but my ex husband refuses to sign the divorce papers after how many years are you legally divorced

Cary B. Hall answered on Feb 18, 2019

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...
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2 Answers | Asked in Divorce for Pennsylvania on

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

Cary B. Hall answered on Feb 5, 2019

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...
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1 Answer | Asked in Divorce for Pennsylvania on

Q: Do you need a property agreement in Pennsylvania prior to filing for a divorce

Kathryn Hilbush answered on Feb 1, 2019

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.

2 Answers | Asked in Divorce for Pennsylvania on

Q: What is the cost of a divorce in PR..if your filing no contest?

Cary B. Hall answered on Jan 25, 2019

Puerto Rico, or Pennsylvania?

And by "cost," do you mean filing fees, or attorney's fees, or both? You can find out the filing fees by contacting the Prothonotary's Office in your county -- and sometimes those fees are posted online at the court's website. As for attorney's fees, there's...
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2 Answers | Asked in Divorce for Pennsylvania on

Q: Am I entitled to a portion of my husband's federal pension after a 30 year marriage?

My husband retired early from a federal job after 30 years. He was 50. He collects a monthly fers check and started a consulting business. After I filed for divorce he stopped taking jobs and claims that since I work I don't need his retirement and that he lives on a fixed income. I do work but... Read more »

Cary B. Hall answered on Jan 21, 2019

Yes, you are almost certainly entitled to at least some portion of his pension after a marriage of that length. If you don't already have an attorney, I suggest that you hire one ASAP so that you can preserve any and all economic claims you may have.

Best of luck to you.

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1 Answer | Asked in Divorce and Family Law for Pennsylvania on

Q: married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or

Cary B. Hall answered on Jan 16, 2019

You'll likely receive some of your husband's pension, yes. How much? It depends on how else the court may distribute the marital assets. But half of his pension is probably a good starting point.

Best of luck to you. If you'd like to discuss your case in further detail, feel free to...
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1 Answer | Asked in Divorce and Family Law for Pennsylvania on

Q: I am married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or separation?

I live in Philadelphia , pa

Kathryn Hilbush answered on Jan 14, 2019

There's no way to answer your question without knowing quite bit more about your situation. PA is no a community property state. It is an equitable distribution state, so., whereas in a community property state you can pretty much count on 50%, in an equitable distribution state there are many... Read more »

1 Answer | Asked in Divorce for Pennsylvania on

Q: Low income and disabled .. looking to see anyone can represent me as a pro bono lawyer for a mutual no fault divorce

For a mutual divorce .. we care both low income and disabled ,, want a mutual divorce . No assets or kids involved. Very simple ..

Kathryn Hilbush answered on Jan 9, 2019

The attorneys on this site are not supposed to solicit clients. I suggest that you do an internet search for free or low cost legal services in the Philadelphia area. I'm sure you'll be able to find several organizations that can assist you in some way.

1 Answer | Asked in Divorce for Pennsylvania on

Q: If my husband moved out aug.8 can he still keep things here at my home 5 months later? The house is legally in my name.

I have asked him many many times to come get the rest of his things.

Kathryn Hilbush answered on Jan 7, 2019

Most likely yes because it was the "marital " Home. I suggest that you consult with an experienced family law attorney o discuss your options.

1 Answer | Asked in Divorce for Pennsylvania on

Q: My boyfriend filed for a divorce in 2014, courts received it in 2015. Can a judge sign off on it now? The wife refused.

You

She doesn’t work and never really held a job. She didn’t contribute to anything during the marriage.

You

She’s on drugs and is sickly due to her addiction

Kathryn Hilbush answered on Jan 7, 2019

This question is impossible to answer with so few facts. Perhaps your boyfriend should consider meeting with an attorney f he's truly interested in moving the case forward.

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