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Pennsylvania Divorce Questions & Answers
1 Answer | Asked in Divorce, Child Custody and Child Support for Pennsylvania on
Q: My wife and I agree on a divorce and are curious as to how the process will work in PA.

I have worked in the same career during our entire marriage which started at around 45K (10 years ago) working my way up the corporate ladder to over 100K. We have 2 children. My wife has a few certifications for professions, but has never kept a job. She always has a reason she leaves after a... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 2, 2020

You really do need to sit down with an experienced family law attorney to address your questions. You would do well to hire an attorney to draft all the necessary procedural paperwork -- but most definitely to craft a comprehensive property settlement agreement to address how assets/liabilities... Read more »

1 Answer | Asked in Divorce and Health Care Law for Pennsylvania on
Q: Am I required to provide health insurance up until the time my child graduates?

I have a legal question about my post-divorce obligations. My daughter turned 18 in October, but she is still in the 10th grade - she failed more than once. She was supposed to graduate in June 2020. That won't happen. We live in Pennsylvania. Am I required to provide health insurance up until the... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2020

If your support order requires you to maintain coverage for her, then you should. If you feel it's a burden for you to continue covering her after June 2010, you can file a petition with the court to seek a modification of the order.

2 Answers | Asked in Divorce, Family Law and Real Estate Law for Pennsylvania on
Q: So my wife is filing for divorce.

When we got our house the only way for her to get an fha loan was for me to sign a release of marital claims. So I am not on the mortgage or deed. I was told that she still could not kick me out or sell the home because it's an established family home regardless of all that. And i have been 800... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 26, 2019

Yes, you need to consult with an attorney. If you're not on the deed, she could attempt to sell the house but she files for divorce you have the ability to ask the court to restrict her from doing so. There are many other aspects to your situation that are best answered in a face to face... Read more »

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1 Answer | Asked in Divorce, Family Law, Child Custody and Child Support for Pennsylvania on
Q: can I take my ex-wife's boyfriend and his wife for child support if they completely support her?

ok so I have primary custody of my three kids. I pay spousal support to her. but the Ex-wife moved in with her new boyfriend and his wife almost a year ago. they pay for everything housing, food, car, etc.. am I able to take her and them and have there income added to hers for child support?

Cary B. Hall
Cary B. Hall answered on Dec 6, 2019

No. They're not responsible for your children at all, so their income is irrelevant to any child support calculation.

But you may be able to argue that the lack of expenses for your ex-wife (due to their paying for everything) should be factored into your spousal support calculation. This...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife has filed for a divorce but I want marriage counseling because I believe we can work things out. is it possible

We got married in Collingdale Courthouse PA. Could we get marriage counseling to save our marriage under the Pennsylvania Statutes?

Kathryn Hilbush
Kathryn Hilbush answered on Nov 26, 2019

Yes, the divorce complaint will give you information about filing for counseling. You'll have to file a petition for it. The court can order up to three counseling sessions. usually the person seeking the counseling is responsible for paying for it.

1 Answer | Asked in Civil Rights, Real Estate Law, Small Claims and Divorce for Pennsylvania on
Q: I purchased a house and my wife had just her name put on the deed. She refuses to add my name. What do I do

My wife and I purchased a house in mckean county which I paid for. Ahe doesnt work. She contacted the attorney and told them to put only her name on it. They didn't contact me to see if it was ok. However my wife is refusing to put my name on it and now I have a feeling she is going to sell it out... Read more »

Cary B. Hall
Cary B. Hall answered on Nov 21, 2019

I suggest filing a "lis pendens" against the property in McKean Co. in the Prothonotary's Office there. Anyone looking to purchase that property in the future should see that there is a cloud on the title with that filing.

Best of luck to you.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I are US Legal residents in PA state. She owns a house in India acquired during our marriage.

If I file for divorce in US will I be able to get half the property?

Do we follow US laws even thought the property is in India if the divorce is filed here? How long will the divorce take? How much will it cost?

Kathryn Hilbush
Kathryn Hilbush answered on Oct 5, 2019

You have quite a few issues and it would be best if you schedule an in person consultation with an experienced family la attorney in your area to discus them in detail. yes, the property in India can be dealt with during the property division phase of a divorce filed in PA.

2 Answers | Asked in Divorce for Pennsylvania on
Q: I married for 9 month his really abusive. I go to the court house and give me a protection letter. What's rights have

The house deed is on his name and his last wife she passed away more than 10 yrs ago

Penelope A. Boyd
Penelope A. Boyd answered on Sep 30, 2019

I’m guessing from your question that you might not be a citizen yet. Immigrants have the same rights to protection from abuse orders as anyone else, but you should talk to an attorney who knows about domestic violence, immigration and family law. In Lancaster, there is a program called the... Read more »

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1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I live in a house that I purchased after we were married. Can I sell it without her permission?

The house is in my name only. No paperwork has been filed and as of now no divorce is on the table?

Kathryn Hilbush
Kathryn Hilbush answered on Sep 10, 2019

Not if you're getting a divorce. She'll have you in court in a flash.

1 Answer | Asked in Divorce and Landlord - Tenant for Pennsylvania on
Q: We rent a house from his parents. We are divorcing. It’s civil. I am disabled. Can his parents evict me.

The house and land were to be inherited by us.

Kathryn Hilbush
Kathryn Hilbush answered on Sep 4, 2019

Yes, they can.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I are are both on disability benefits it we would divorce how would are income be divided

Married 42years she may not agree to divorce

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

Your income itself will not be divided, except in the event one of you is awarded temporary or permanent alimony. Then your two incomes, as well as the petitioning party's reasonable needs in the case of permanent alimony, are considered. Monthly SSD payments are not considered marital assets.

1 Answer | Asked in Divorce for Pennsylvania on
Q: What can I do in order for the best financial outcome for myself? Ihad a settlement that was used to purchase house.

I was married for 19 years. First house, parents had in their name, every single payment was made by me, from my pay. Every bill and all taxes and insurance were made by me, from my pay from 2011 on. I received a settlement I cannot discuss that was used as down payment on house. The plan was... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

I cannot respond to your question because you already have representation. If you're displeased with the progress made by your attorney, you can always meet with another experienced family law attorney to get her/his opinion.

1 Answer | Asked in Divorce for Pennsylvania on
Q: I mailed the divorce complaint to my wife via certified mail return receipt to her place of work,

It was signed by a receptionist and then given to my wife. Will I be able to use the green return receipt when I get it back?

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

Probably not because you can't prove that she actually received the complaint. You should have sent it restricted delivery, which permits only the addressee to sign.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband left and drained accounts and took the car. My question is what’s my next step we have marital property.

He’s not willing me help what so ever and I have filed for support

Kathryn Hilbush
Kathryn Hilbush answered on Aug 31, 2019

Filing for support was a good first step. You should consult with an experienced family law attorney to learn and understand your options going forward. You may want to file for divorce and ancillary economic relief, including injunctive relief to try to freeze and/or receive the marital funds he... Read more »

1 Answer | Asked in Child Custody, Criminal Law, Divorce and Family Law for Pennsylvania on
Q: Am I allowed to video or photograph my child if I am not the primary custodial parent?

Father has stated that he is refusing to allow me to video, audio, or photograph ANY member of HIS family, including OUR own children. Exact words from an email- "To reiterate, I do not agree to you or David taking pictures, or video, or audio recording me, my family, or my wife. Recording/taking... Read more »

Penelope A. Boyd
Penelope A. Boyd answered on Aug 28, 2019

People take pictures of family members all the time. When they are your kids and you are just taking their picture for a memory of an event or otherwise, unless you have a custody order to the contrary, there should be no issue. If you are posting pictures of your kids on social media, it should... Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Ex's first name is different from marriage license and divorce decree. Am i legally divorced?

Marriage license was issues xxx and divorce decree was filed and issued under yyy. I am getting remarried in two months, if this going to keep it from happening?

Roy L. Galloway III
Roy L. Galloway III answered on Aug 17, 2019

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.

2 Answers | Asked in Divorce for Pennsylvania on
Q: I am looking into a divorce no fault. I would like to know what my options. We have no items to separate.
Roy L. Galloway III
Roy L. Galloway III answered on Aug 16, 2019

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...
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2 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
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 »

Roy L. Galloway III
Roy L. Galloway III answered on Aug 5, 2019

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

Kathryn Hilbush
Kathryn Hilbush answered on Jul 31, 2019

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.

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1 Answer | Asked in Divorce for Pennsylvania on
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.

Kathryn Hilbush
Kathryn Hilbush answered on Jul 18, 2019

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.

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