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Pennsylvania Divorce Questions & Answers
1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband wants a divorce and is trying to sell before the divorce a vehicle he gifted me prior to marriage.
Peter Christopher Lomtevas
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answered on Nov 24, 2022

There isn't a question here, but we can intuit that this asker wants to know if the husband can sell a vehicle he gifted to the asker spouse. The answer is yes until the divorce is actually filed. Couples are free to transact business without legal permission. That is the essential nature of... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: I paid a divorce attorney a retainer for services. He went out of business. How can I get a new attorney with no money?

I hired a divorce attorney in mid 2020 and paid the retainer off in early 2021. The attorney worked throughout mid 2021 and 2022. The divorce is still not finalized because my ex-husband's attorney has been stalling with returning my attorney's calls and letters. My attorney informed... View More

Peter Christopher Lomtevas
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answered on Nov 24, 2022

The law of lawyering demands that attorney fees be reasonable. "Reasonable" means there must be an objective standard involved in the receipt of fees. That standard is typically an hourly fee for work performed.

This hourly scheme works wonders for an attorney who wants to abandon...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My in laws own the house do I have any claim on it after living there for 5 years?
Peter Christopher Lomtevas
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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

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I are getting divorced and I will continue to live in the house and pay all the bills .

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

Peter Christopher Lomtevas
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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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Hello. I live in PA. My wife moved out in February 2023. She and her kids still have belongings here at my house.what2do

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?

Peter Christopher Lomtevas
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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

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: Submitted divorce papers back in October.. can’t get him to sign them. What are my next moves to finalize my divorce?

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?

Peter Christopher Lomtevas
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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)...
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1 Answer | Asked in Child Custody, Divorce and Family Law for Pennsylvania on
Q: "Redlining" and Child Relocation

Is anyone out there aware of "redlining" and how it can affect a child relocation decision, or appeal? Explanation: Parent was allowed to relocate child to the Upper East Side of Manhattan (2 hrs away). Non Relocating parent can not afford to move closer to NYC. Essentially... View More

Peter Christopher Lomtevas
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answered on Dec 29, 2023

This asker confuses issues to the extent that he can never understand what happened and how it happened. We will disassemble the best we can how a §5337 relocation went south for the asker.

Synopsizing the facts, we see there was a modification of an order of custody that granted the...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: I've been divorced for 2 years. Was Married for 22. My x is very well off. He had done fraudulent things, hid money.

I receive $3500 in alimony that ends in two more years all the money that he hothead is now out and he is using it getting remarried vacationing all over the world and spending it like you used to when we were married. What can I do I deserve to get our alimony adjusted I think I don't know if... View More

Kathryn Hilbush
Kathryn Hilbush
answered on Jun 26, 2023

Alimony is usually non-modifiable but it depends on what your property settlement agreement or equitable distribution order says. Please schedule a private consultation with a local attorney experienced in family law to review your alimony award and learn what options you might have.

1 Answer | Asked in Divorce for Pennsylvania on
Q: My husband and I have been married for seven years. Do I have any right to the house?

My name is not currently on the house. It is completely paid off. The house was purchased before we married, but during our 14 years together. We keep our money in separate banks, so no joint accounts. We have two young children.

Kathryn Hilbush
Kathryn Hilbush
answered on May 30, 2023

It's possible that you have a claim to a share of the increase in value of the house from date of marriage to date of separation, but a more in depth review of your marital estate would be required. I urge you to consult in person with a local attorney experienced in family law to obtain more... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Should I file a motion to strike

Both unrepresented partied in ED. I filed everything according to the order. He filed nothing, yet was allowed to split his screen during Zoom hearing to enter evidence

Kathryn Hilbush
Kathryn Hilbush
answered on May 26, 2023

Honestly, it's really impossible to answer your question without a lot more information. Please discuss your situation with a local attorney experienced in family law. This is a question which is not appropriate for an online site like this.

1 Answer | Asked in Social Security, Divorce and Family Law for Pennsylvania on
Q: Been married 40 years need to leave and my husband has disability and pension for income I said I need half to move out

He said he will only give me half pension he said he will not give me half of disability income it's against law is that true

James L. Arrasmith
PREMIUM
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answered on May 2, 2023

In general, disability income is considered separate property and not subject to division in a divorce. However, the laws vary by state, and it's best to consult with a family law attorney who can advise you on your specific situation. Additionally, pensions and other retirement accounts... View More

1 Answer | Asked in Bankruptcy, Criminal Law, Divorce and DUI / DWI for Pennsylvania on
Q: I don't have a lot of money and I want to file bankruptcy what can I do

I receive allimony from my x husband. However I started out in the negative when he left me after 22 years of marriage and now I have a ton of credit card bills that are all suing me . On top of it I am in the process of getting a dui charg and my life has fallen apart. I am trying to get it back... View More

Timothy Denison
Timothy Denison
answered on Apr 22, 2023

Have a competent bankruptcy attorney review your situation snd help you make the best decision as how to proceed.

1 Answer | Asked in Divorce for Pennsylvania on
Q: Can I reopen my divorce to ask for more retirement income. Divorce was in 2005.

I received part of the pension which was put in an account until he retired about 3 years ago. I get $400 but I don't think it is for the rest of my life as they took out a lump sum out of the pension.

Kathryn Hilbush
Kathryn Hilbush
answered on Jan 31, 2023

It's probably not likely but the way to find out is to take your settlement agreement/order from your divorce and a copy of the QDRO to an attorney who practices family law in your county for a private consultation.

1 Answer | Asked in Divorce for Pennsylvania on
Q: To amend my Counterclaim do I just write I want to add a Count V to be joined to my original Counterclaim and file that?

My lawyer filed my Counterclaim but he left out alimony as a claim. Can I type a new document to add “Count V - Alimony” to be joined to my original Counterclaim that was already filed or do I have to write the entire counterclaim word for word with Amended Counterclaim as the heading and then... View More

Peter Christopher Lomtevas
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answered on Dec 22, 2022

We really cannot go behind the back of an asker's lawyer and provide hip-pocket guidance and advice. The asker must address her concerns with her lawyer.

There are many reasons why alimony is not an appropriate prayer for relief. Both parties may be huge earners who would not qualify...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My wife and I have a home with 30 % equity and wanted to give the house to my wife when I file for divorce

I just wanted to get out without needing any of the 30% equity. My wife can afford the mortgage payment, do we have to refinance to remove my name from the mortgage and title?

Kathryn Hilbush
Kathryn Hilbush
answered on Oct 15, 2022

I can't answer to the wisdom of either of you agreeing to this settlement but I will tell you that, if the mortgage is not taken out of your name, you will continue to be responsible for it regardless of whose name the deed is in. It would be wise to discuss your proposal with a local attorney... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: I won some property in my divorce settlement ( a 5th wheel camper). He was to deliver it and never did. what can I do?

He has it hidden somewhere so I cant even get it myself.

Roy L. Galloway III
Roy L. Galloway III
answered on Sep 20, 2022

I am sorry you’ve had that experience. Please be advised that the court of common pleas does retain jurisdiction over a divorce to the extent one party fails to comply with the agreement that the court adopted as a order of court.

You may file a petition with the court that presided over...
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1 Answer | Asked in Divorce for Pennsylvania on
Q: My ex wants to stop paying alimony since he is getting remarried. We have an agreement signed outside of court.

My marriage was abusive so I had an order of protection during the time. We agreed to meet up to get the divorce over with and ended up agreeing to alimony for three years. We did it online (yes it was legit) and made the agreement before the divorce was final, our divorce papers only says, “Any... View More

V Julia Luyster
V Julia Luyster
answered on Jul 18, 2022

Without having all of the facts it would appear based upon what you state that you would have a binding agreement and he has to pay. Why did you not make this part of the Final Judgment of Divorce? Did you say something different in the court documents, for example, did you say in the court... View More

1 Answer | Asked in Divorce, Family Law and Domestic Violence for Pennsylvania on
Q: What should I do once the pfa order against me expires today? My husband lied in order to obtain to begin with.
Ryan L Hyde
Ryan L Hyde
answered on Jun 16, 2022

I am not sure what you mean by your question. If the order has lapsed it no longer is in effect. Sounds like you still should avoid each other though.

1 Answer | Asked in Divorce and Family Law for Pennsylvania on
Q: In Pennsylvania, can you lock your husband out of the house for a night?

I am in a toxic situation. I'm dealing with mental abuse. I don't have the money to obtain an attorney to file for divorce. I need a night of peace and for him to calm down.

Karen  Ulmer
Karen Ulmer pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
answered on May 21, 2022

Until a court order is entered, the home belongs to both of you. If you lock him out, he is within his legal right to gain access. If you lock him out it may only elevate the mental abuse. If you can stay with a friend or family for a night that may be less confrontational. If he does anything to... View More

1 Answer | Asked in Divorce for Pennsylvania on
Q: Hello. I married someone from Sweden around 25 years ago. She is from Sweden. She stayed in the US for barely a year

I married my spouse in New York. She is originally from Sweden. She stayed in NY for less than a year and then went back to her country. Haven't heard from her since. There was no drama between us and no malice (as far as I am concerned). I live in Pennsylvania now and ready to move on with my... View More

Kathryn Hilbush
Kathryn Hilbush
answered on May 21, 2022

"Uncontested" is not a type of divorce in PA. There are fault and no-fault divorces. One can become uncontested if the other person doesn't object after having been served the appropriate paperwork. I wonder if you're using online forms provided by an online company for a fee?... View More

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