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Pennsylvania Divorce Questions & Answers
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.

1 Answer | 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 »

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...
Read more »

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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.

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
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
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
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
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
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
Kathryn Hilbush answered on Apr 15, 2019

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

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