Pennsylvania Divorce Questions & Answers

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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jan 16, 2019
Cary B. Hall's answer
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 contact me offsite.

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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Answered on Jan 14, 2019
Kathryn Hilbush's answer
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 factors that go into the decision as to what the property division should be. Your best bet is to sit down for a consultation with an experienced family law attorney on your area to discuss the details...

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

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 9, 2019
Kathryn Hilbush's answer
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.

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.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 7, 2019
Kathryn Hilbush's answer
Most likely yes because it was the "marital " Home. I suggest that you consult with an experienced family law attorney o discuss your options.

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.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 7, 2019
Kathryn Hilbush's answer
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.

Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Answered on Jan 4, 2019
Kathryn Hilbush's answer
You probably could have just searched for this yourself. Read this article. It will give you all the answers you need. Short version answer - he probably doesn't have anything that he can play in court.

http://www.dmlp.org/legal-guide/pennsylvania/pennsylvania-recording-law

Q: Can I still get items out of my old house after the divorce has been finalized?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 2, 2019
Kathryn Hilbush's answer
You asked this question on another website and I answered. My answer here will be the same: Did you have an attorney represent you during the divorce? if so, then contact the attorney for assistance now. If not, that's likely how you got in this situation because we generally consider this type of issue when writing up the settlement agreement. You should consult with a local attorney experienced in family law. Perhaps your ex will respond to a letter from an attorney.

Q: How long do I have to counter file?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Jan 1, 2019
Kathryn Hilbush's answer
You really should be meeting in person with an experienced family law attorney. You already have a lot of questions and this case has just started. You can't defend a divorce case by soliciting online advice every step of the way. Even though she handed the Complaint to you, you can still sign an Acceptance of Service, noting the correct date when you received the Complaint. The 30 days comes into play if you are bot actually served with the Complaint within 30 days, not when you sign and file...

Q: Are a spouses promises to aid financially binding?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 31, 2018
Cary B. Hall's answer
I suggest you file for spousal support ASAP with your local Domestic Relations office so you don't have to worry about his promises and anger. Any support award will be retroactive to the date of filing, so filing ASAP is your best bet. Moreover, any support award will be paid via a wage garnishment from his paycheck, so that bypasses any need for his voluntary cooperation or promises in the future. Best of luck to you.

Q: I will refinance to keep my home. I estimate $40,ooo in repairs. Does the state of home matter?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Dec 30, 2018
Kathryn Hilbush's answer
Yes, a certified appraiser should take the home's condition into account when he/she prepares the appraisal.

Q: I just got divorce papers and he wants to throw the kids and I out in thirty days. Even though I have primary custody.

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Dec 15, 2018
Kathryn Hilbush's answer
It's very difficult to know exactly what legal papers you received without reviewing them. I strongly urge you to take everything you received to an experienced family law attorney to review them in person and explain your rights and options.

Q: box 22 of divorce complaint. I moved out and wife is staying at same address we lived at. What date should I use?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 13, 2018
Cary B. Hall's answer
I have no idea what kind of form you're using -- so no idea what "box 22" says. Try again, with more detail?

Q: My divorce is final, My ex has yet to remove my name from the mortgage and refinance

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 11, 2018
Cary B. Hall's answer
As your attorney suggested, you can file a petition for contempt for her failures to abide by the court order.

My question to you, however, is: why are you asking questions here when you already have an attorney, and have already asked the same question to him/her? If you trust your attorney, then follow his/her advice. If you don't, find a new attorney.

Best of luck to you.

Q: My son has turned 18 and is a senior in High School. Does our custody agreement still cover him or is he an adult now?

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 7, 2018
Cary B. Hall's answer
Once he's 18, he's no longer subject to the custody agreement. But he's still your child, and hers. Last I checked, kids don't run the show when they still live with their folks and rely on them for support. Bottom line: don't let your kid rule the roost. You and his mom still make the rules, whether "legal" or not.

Best of luck to you all.

Q: Looking for a divorce attorney in Warminster, PA bucks county

2 Answers | Asked in Divorce for Pennsylvania on
Answered on Dec 3, 2018
Cary B. Hall's answer
If you own a home, you likely won't qualify for Legal Aid even if you're not currently working.

I'd be happy to chat about your situation, though, if you contact me offsite. My contact information is on my Justia profile here. Best of luck to you.

Q: Enforce a Marital Agreement post divorced

3 Answers | Asked in Family Law and Divorce for Pennsylvania on
Answered on Dec 2, 2018
Cary B. Hall's answer
You could file a petition for contempt to enforce the martial agreement (which now has the force of a court order, since it was incorporated into the divorce decree). And yes, you could get attorney's fees as part of it - although that's in the discretion of the court.

If you'd like to talk further about your case (and I do practice family law in Berks Co.), feel free to contact me offsite through my Justia profile. Best of luck to you.

Q: Is child support mandatory in the state of Pennsylvania? I am in the middle of getting divorced and have 2 kids.

3 Answers | Asked in Child Support, Divorce and Family Law for Pennsylvania on
Answered on Dec 2, 2018
Cary B. Hall's answer
No. If you don't file for it, you won't receive it. But consider that the income is for the benefit of the children, not you. To that extent, it might make some sense to seek it - even if only to put in a savings account for them for the future.

Best of luck to you all.

Q: if i leave my husband can i have him pay for my lawyer? i live in pa and have been treated for depression and bipolar

1 Answer | Asked in Family Law and Divorce for Pennsylvania on
Answered on Nov 24, 2018
Kathryn Hilbush's answer
In your divorce complaint you can request that an award for counsel fees be made. Then you'll have to follow your local county's procedure for having the matter listed for a court hearing. Usually litigants also file for alimony pendent lite, which is similar to spousal support, at the same time.

Q: What happens if I do not allow ex husband to visit the dogs as agreed upon in divorce decree?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Nov 19, 2018
Kathryn Hilbush's answer
It appears that you may then be violating the agreement and there fore potentially held in contempt of court. I suggest you figure out a way to let him see the dogs. If he's being truly unreasonable, then discuss what options you may have with your divorce attorney.

Q: can a wife in Pennsylvania refuse to sign divorce papers after 10 years of being separated?

1 Answer | Asked in Divorce for Pennsylvania on
Answered on Nov 19, 2018
Kathryn Hilbush's answer
Yes, she's not required to agree to a divorce. You'll have to proceed under the Section 3301(d) of the Divorce Code . You may want to consult in person with an experienced family law attorney in your area to learn how this is done or even to retain the attorney to do it for you, which is what I would recommend.

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