Lawyers, Answer Questions  & Get Points Log In
Pennsylvania Divorce Questions & Answers
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
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
Cary B. Hall answered on Mar 20, 2019

Absolutely yes.

View More Answers

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
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
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

View More Answers

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
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...
Read more »

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
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...
Read more »

View More Answers

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
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.

2 Answers | Asked in Divorce for Pennsylvania on
Q: What is the cost of a divorce in PR..if your filing no contest?
Cary B. Hall
Cary B. Hall answered on Jan 25, 2019

Puerto Rico, or Pennsylvania?

And by "cost," do you mean filing fees, or attorney's fees, or both? You can find out the filing fees by contacting the Prothonotary's Office in your county -- and sometimes those fees are posted online at the court's website. As for attorney's fees, there's...
Read more »

View More Answers

2 Answers | Asked in Divorce for Pennsylvania on
Q: Am I entitled to a portion of my husband's federal pension after a 30 year marriage?

My husband retired early from a federal job after 30 years. He was 50. He collects a monthly fers check and started a consulting business. After I filed for divorce he stopped taking jobs and claims that since I work I don't need his retirement and that he lives on a fixed income. I do work but... Read more »

Cary B. Hall
Cary B. Hall answered on Jan 21, 2019

Yes, you are almost certainly entitled to at least some portion of his pension after a marriage of that length. If you don't already have an attorney, I suggest that you hire one ASAP so that you can preserve any and all economic claims you may have.

Best of luck to you.

View More Answers

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or
Cary B. Hall
Cary B. Hall answered on Jan 16, 2019

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...
Read more »

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: I am married 29 yrs. will I receive half of my husband ‘s pension if I file for divorce or separation?

I live in Philadelphia , pa

Kathryn Hilbush
Kathryn Hilbush answered on Jan 14, 2019

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... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: Low income and disabled .. looking to see anyone can represent me as a pro bono lawyer for a mutual no fault divorce

For a mutual divorce .. we care both low income and disabled ,, want a mutual divorce . No assets or kids involved. Very simple ..

Kathryn Hilbush
Kathryn Hilbush answered on Jan 9, 2019

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.

1 Answer | Asked in Divorce for Pennsylvania on
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.

I have asked him many many times to come get the rest of his things.

Kathryn Hilbush
Kathryn Hilbush answered on Jan 7, 2019

Most likely yes because it was the "marital " Home. I suggest that you consult with an experienced family law attorney o discuss your options.

1 Answer | Asked in Divorce for Pennsylvania on
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.

You

She doesn’t work and never really held a job. She didn’t contribute to anything during the marriage.

You

She’s on drugs and is sickly due to her addiction

Kathryn Hilbush
Kathryn Hilbush answered on Jan 7, 2019

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.

2 Answers | Asked in Divorce, Family Law and Child Custody for Pennsylvania on
Q: What is Pennsylvania law for video and voice recordings for those in Pennsylvania

Currently going through a custody battle and ex claims to have recordings of me that we will “listen to in court”. I don’t know what types or recordings he may be referring to. But would like to know his ability to use them in court would be.

Kathryn Hilbush
Kathryn Hilbush answered on Jan 4, 2019

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

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I still get items out of my old house after the divorce has been finalized?

There is no property settlement agreement

Kathryn Hilbush
Kathryn Hilbush answered on Jan 2, 2019

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... Read more »

1 Answer | Asked in Divorce for Pennsylvania on
Q: How long do I have to counter file?

My wife served me my acceptance of service and divorce papers 25 days ago. From what I understand I have 30 days to sign acceptance of service, but I also was under the impression that she was not allowed to give them to me, it had to be certified mail or Sheriff. Also I don't know how long I have... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Jan 1, 2019

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... Read more »

2 Answers | Asked in Divorce for Pennsylvania on
Q: Are a spouses promises to aid financially binding?

My husband has made promises to support me and help pay for the mortgage since the time he first left me. Now, he became angry and stopped that financial help. But a week later, he decided to help until refinancing is done. We have no legal document at this point in time.

Cary B. Hall
Cary B. Hall answered on Dec 31, 2018

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... Read more »

View More Answers

1 Answer | Asked in Divorce for Pennsylvania on
Q: I will refinance to keep my home. I estimate $40,ooo in repairs. Does the state of home matter?

My husband feels it doesn't matter that pipes are broken, water damage on ceiling, leaking basement, broken hardware in bathroom, slanted and disgusting linoleum floors... just to name a few of the needed repairs. I know that no one would buy our house in its current state at the price Zillow... Read more »

Kathryn Hilbush
Kathryn Hilbush answered on Dec 30, 2018

Yes, a certified appraiser should take the home's condition into account when he/she prepares the appraisal.

1 Answer | Asked in Divorce for Pennsylvania on
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.

Even though I have primary custody. Can he do that. His name is on the mortgage. But we have lived here together for 16 years.

Kathryn Hilbush
Kathryn Hilbush answered on Dec 15, 2018

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.

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.