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 »
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.
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 »
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...Read more »
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 »
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...Read more »
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.
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 »
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 »
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.
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 »
My husband left me for another woman and told me to fly back to Pa to live with my family or I would not have a home anymore (he was kicking me out) so I did. He then moved to another state with the same woman and now I’m trying to figure out how custody will most likely be handled after the... Read more »
Initially, who has the child now? Wherever the child has resided for the past 6 months, THAT'S the state that has jurisdiction over child custody matters. If your daughter is with you in Pennsylvania, but it hasn't been 6 months here yet, but the child WAS previously in your former state for at...Read more »
Separation is a very difficult time, particularly if abuse is involved. Check with the lawyer who is representing you in the divorce or the local domestic violence agency to make sure you are safe. If you feel you need a Protection from Abuse order, the DV agency and/or the court may help you...Read more »
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 »
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 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 »
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.
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 »
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 »
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.
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