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Pennsylvania Divorce Questions & Answers

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 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?

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 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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1 Answer | 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 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 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 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.

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

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 »

Cary B. Hall answered on Jul 12, 2019

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

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 »

Bruce Alexander Minnick answered on Jul 8, 2019

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...
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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.

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