Get free answers to your Divorce legal questions from lawyers in your area.
My wife has filed for divorce, and the situation has been stressful due to a rumor about me cheating, which I deny. Recently, she pressured me to sign a prenuptial agreement so I wouldn't pursue our house in the divorce. She threatened to divorce me immediately if I didn’t sign. I had no... View More 
answered on Mar 23, 2025
First of all, it appears that you signed a post-nuptial agreement, not a pre-nup. Post-nuptial means "after marriage". Typically, the burden is on the person claiming to have been unduly pressured to sign an agreement or contract. It's a high bar to get over but it may be possible.... View More
answered on Dec 10, 2024
This response is for informational purposes only and does not constitute legal advice. For advice tailored to your specific circumstances, please consult with a qualified attorney in Pennsylvania.
In Pennsylvania, appealing a divorce decree and challenging a marriage as void or voidable are... View More
We have been separated for more than a year, but living at same property.
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answered on Apr 16, 2024
In this situation, your tax filing status for 2023 depends on your marital status as of December 31, 2023. Here are a few things to consider:
1. If your divorce is not finalized by December 31, 2023, you are still considered married for tax purposes. In this case, you can choose to file... View More
I am married, can I leave 100% of everything I own for my kids, or any family members, including house and retirement, in case of divorce or death? Thank you for your help.
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answered on Mar 6, 2024
You can do a will that leaves everything to your children, however, if you do not leave anything to your spouse, your Spouse can elect to take against the will and depending on what state you are in will determine what your spouse is entitled to receive. As for retirement accounts, they generally... View More
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answered on Mar 6, 2024
Retirement accounts are marital to the extent that the benefits accumulated during the marriage. Anything prior and anything subsequent are not marital, however, you will need to prove what you had when you got married to have that portion excluded. Like all marital assets, you can expect that... View More
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answered on Mar 17, 2024
The law in Pennsylvania regarding the distribution of marital property is not a knife's edge split of everything. The law is "equitable distribution" of the marital estate which means a fair distribution of the marital estate.
So, the amount on the table for distribution is... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Feb 11, 2024
Obligations arising out of a divorce judgment are mostly non-dischargeable so he should not be able to get away with what you describe. You should consult a local bankruptcy attorney who can advise you on your particular situation and, if you want, represent you in challenging his bankruptcy. Most... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Feb 22, 2024
In bankruptcy proceedings, certain debts can be discharged, meaning the debtor is no longer legally required to pay them. However, not all debts are easily discharged in bankruptcy. Debts arising from domestic relations orders, such as child support, alimony, or other divorce-related obligations,... View More
Married in 1983, My Ex-husband was extremely abusive and controlling. I finally filed for divorce in 2013, after he crushed discs in my neck and I suffered a Pulmonary Embolism 3 days after surgery. Since then he has failed to abide by the divorce agreement, has committed tax fraud 7 years after... View More
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answered on Mar 10, 2024
With all due respect for the victim asker, all of what she provides is wholly irrelevant to the former husband's contempt of the divorce agreement if that agreement was so-ordered and made an order of the court.
In Pennsylvania, the applicable law would be Rule 140B, Contempt Not in... View More
Wife accrued debt prior to marriage. During course of marriage, debt was consolidated. Would husband be responsible for the ex wife’s debt after divorce?
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answered on Feb 7, 2024
This question's simple answer is that once separate assets are commingled with marital assets, they become marital assets. Separate debt commingled with martial debt becomes marital debt.
The question's more complicated and more accurate answer is that Pennsylvania is an equitable... View More
I got my car before my marriage, but I plan on trading it in next year. The new car that I get would be during the marriage but the loan is carrying over from my old car. Can I possibly lose my car if I get a divorce even though I only drive it, pay for it, and my name is on everything? Or should I... View More
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answered on Jan 4, 2024
This is a hyper-technical question that relies heavily on the knowledge and experience of the Pennsylvania judge.
The asker paints a picture that shows her separate property acquired prior to marriage, an automobile, which is a rapidly depreciating asset. Ordinarily, cars are ignored in... View More
My soon to be ex-husband filed for divorce because I couldn’t. The children and I have been pinching pennies since separation and don’t have the funds for an attorney. His attorney sent me a notice about making an agreement for marital debts. I sent them an email on Nov.17.
I received a... View More
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answered on Dec 29, 2023
Any attorney here would love to offer carefully tailored guidance as to what this asker must do to preserve her rights in a Pennsylvania divorce action. However, we cannot do it because of both the user agreement in place here on Justia, and ethical limitations as to offering anonymous legal advice... View More
My wife and I have been separated for less than a year, and I have started the process of filing for divorce in Pennsylvania. During our separation, she has been in a dating relationship that includes intimate relations. There are no formal agreements or orders regarding our separation or financial... View More
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answered on Apr 13, 2025
In Pennsylvania, adultery is defined as having intimate relations with someone outside of the marriage while still married. However, since you and your wife are separated, her dating and intimate relations may not legally be considered adultery under Pennsylvania law. Adultery generally applies to... View More
I want to file for a divorce after being married for 2 years. I'm currently unemployed and can't afford to pay a lot for the process. There are no children involved, and I'm not concerned about any specific assets or debts. I just want to know how I can proceed with a divorce... View More
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answered on Apr 13, 2025
In Pennsylvania, you can file for divorce on your own if you are unable to afford the costs. Since there are no children or significant assets involved, the process may be simpler for you. First, you will need to file a complaint for divorce in your county, which starts the process.
If... View More
I am involved in a situation concerning a deed to a property originally owned by my great-grandmother. She intends to transfer it to me following her divorce, which occurred in 2020, when a party's name was removed from the deed. I currently have the original deed with an updated stamp... View More
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answered on Apr 12, 2025
If the name of the former spouse was removed from the deed during the divorce, but no formal property transfer occurred, a new deed may still be necessary. The updated stamp on the original deed may show that the name was removed, but it doesn't necessarily indicate that the property was... View More
I am considering leaving my husband, who is a high-functioning alcoholic, to provide a healthier environment for our two children, aged 13 and 11. His drinking has worsened, and it is affecting our kids. We own a house together, and he is the primary provider, while I work part-time. He refuses to... View More
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answered on Apr 12, 2025
I’m really sorry you’re going through this—prioritizing your children's well-being is so important, and it’s clear you’re taking their needs into consideration. In Pennsylvania, if you decide to leave your husband and pursue a divorce, you can file for divorce even if he refuses to... View More
I am currently going through a divorce, and my spouse plans to withdraw funds from my 401(k) to pay for her half of our house. Does that money need to be reinvested to avoid tax penalties?
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answered on Apr 12, 2025
In a divorce, funds from a 401(k) can be transferred to a spouse without triggering taxes or penalties, but it must be done through a Qualified Domestic Relations Order (QDRO). If your spouse plans to withdraw money directly from the 401(k) instead of rolling it into her own retirement account or... View More
What can I do if my attorney, who I hired for my divorce after a 35-year marriage, has not filed anything to protect me and seems to have a conflict of interest with my husband's attorney? My husband was the breadwinner while I raised our four children, all of whom have special needs, and... View More
answered on Mar 16, 2025
I no longer do family law because invariably one or both parties (wrongly) accuse the lawyers of conflicts of interest. You are perhaps overacting but if you believe you have been wronged this way, discharge your lawyer and get a new one. You should have done this the first minute you concluded... View More
I agreed to a divorce in Northampton County, PA, and want to understand what my child support and alimony should be, given that my monthly gross income is $6,825 and my ex-spouse's monthly gross income is $3,465. We have one child for whom she has custody, and I kept the home. The agreement... View More
answered on Mar 3, 2025
Possibly yes as to the child support, probably no as to the alimony. If you had an attorney representing you for the negotiations and finalization of the divorce, that would be the best person to ask this question. If you were not represented, then locate a locale attorney experienced in family law... View More
she has cancer and her husband will not get rid of any of his assist for her to get Ssi now. he now left her and is with someone else while still married to her and left her in a house that is not safe for her to live in and with no money for anything she needs is there something we can do for her
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answered on Jan 9, 2025
I'm so sorry to hear about your sister's difficult situation - dealing with cancer while facing abandonment and financial hardship must be incredibly challenging for both of you.
Your sister may qualify for emergency SSI benefits despite her husband's assets since they are... View More
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