Get free answers to your Divorce legal questions from lawyers in your area.
We have been separated for more than a year, but living at same property.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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.
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
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?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
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
answered on Nov 7, 2024
No. The judgment of absolute divorce is still valid. Unless, the other party requests a stay, all parties are still divorced while the appeal proceeds. That goes to other aspects of the trial court judgment.
?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Sep 11, 2024
It sounds like you're in a complex situation, especially since the property you're living in is solely owned by your husband. If he has filed for divorce, it is important to understand your rights regarding your current living arrangements. The outcome may depend on several factors,... View More
The current deed is only under his name . I understand it doesn’t change who’s responsible for the mortgage , he just wants his name off .
answered on Jun 22, 2024
Absolutely. A quitclaim deed offers no warranties of title somewhat like you get what I have. Since the home is subject to the existing mortgage a quit claim is totally appropriate. .
We got married in Texas where I was stationed. But we both live in Pa. So question is where would I file the divorce paperwork, in Pa or Texas?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Apr 1, 2024
The question is too vague. We are not told how long the asker's residency was in either state to determine whether either state has jurisdiction to hear the divorce action.
I am married, I work and purchased the house alone, I pay all the bills, and also take care of the kids. My wife works and contributed nothing towards the bills, she does not share her tax refund. After divorce and she is rewarded what ever the court decides, can I sue her after for loss and... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Mar 6, 2024
The short answer is no. Divorce will determine what you each are awarded based on what you both have at the time of your separation.
My husband filed a divorce in October 2023. In December, I opened a PFA case against him. I have been granted 3-year protection to stay in our home, which is supposed to be owned by my husband after the divorce. However, his lawyer is pushing me for a divorce with unacceptable financial terms. Will... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 24, 2024
There is not enough information here to answer this question. Pennsylvania is an awful state to go to court in and especially in the case of family court, outcomes are never based on operative facts. Pennsylvania courts operate on assumptions and policies, and decisions precede the making of... View More
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Feb 7, 2024
With such little information, we must fill in many gaps. We assume a divorce action with the asker a spouse residing with the other spouse in the subject home. We are told that "in-laws" own the home and we are not told anything about whether the spouses paid anything toward the purchase... View More
Can he prohibit me from renting space in the home and he is trying to get me to sign a document that if I get married I need to immediately move out of the house
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
The asker had better sign nothing without a divorce attorney's detailed review of the document. Ordinarily, living separate and apart is expected after a divorce judgment, but America's decrepit economy under Biden compels couples to find ways to economize on everything, including... View More
I have asked her multiple times to come get the stuff. It's still here. we are not divorced yet, but I'm hoping very soon because I already paid half of the filing fee to file for divorce. I feel like I'm being taken advantage of. what should I do and should I seek legal advice?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 26, 2024
What to do with the belongings is a difficult question to answer as we do not know the nature of the belongings. Ordinarily, marital property cannot be discarded near to the time of the filing of a divorce as doing that will lead to an allegation of marital waste followed by a demand for a refund... View More
I mailed him a copy of the divorce packet to be filled out. He has not filled them out or sent them back. He claims he won’t sign them until he gets his dog back..and she is registered to me! He had until November 19th to get the papers returned so now I’d like to know what my next move should be?
Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on Jan 4, 2024
We cannot answer this question. We do not know what Pennsylvania "divorce papers" or "divorce packet" the asker mailed to her spouse. There are several very different "packets" as well as different waiting periods.
Assuming the asker filed a 3301(c)(1)... View More
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
