Get free answers to your Divorce legal questions from lawyers in your area.
answered on Nov 24, 2022
In the absence of much additional information, this question is nearly impossible to answer. We will have to fill in some gaps in the facts.
We will assume the asker is the petitioner for spousal support which is known as "alimony" pending litigation (alimony pendents lite). The... View More
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
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
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... View More
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?
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
He has it hidden somewhere so I cant even get it myself.
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... View More
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
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
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.
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.
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
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
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
My husband and daughter are co-owners on the deed for the property that we currently have 2 homes on. They have owned this property for 9 years. My daughter is getting married in July. My question is 2 fold. 1. If my husband dies before me, does his share become mine? 2. If my daughter divorces,... View More
answered on Feb 15, 2022
To completely answer your question, I would need more information. Concerning the first part of your question, what happens in the event of your husband dying before you, it depends upon the form of shared titled your husband and daughter have on this property. If your husband and daughter own... View More
answered on Oct 25, 2021
In Pennslyvania, there is what can be called a passive divorce under 3301(d). You will need to serve her by what is known as original service with the initial complaint. You do not need her address, but only to have service of process or have her accept the documents. Both would be considered... View More
If we see a divorce judge, who will be most likely to get the car?
The car is paid off. We trade my car in, only got 500 bucks but it was still my car.
answered on Sep 17, 2021
You each have a 50 per cent interest. He can ask it be sold, or get a credit for the half of it.
I was forced to take early retirement because of my back. I am barely getting by because of her refusal to help pay for what is also in her name. She told me in writing she would help pay but now refuses to. Is there anything I can do about this? Do I have any options to make her help with the... View More
answered on Sep 13, 2021
You need to speak with a domestic relations attorney in your county. They can best advise you as to your options.
I’m currently living with my husband and we want to get a divorce meanwhile he wants me to sell my house.
answered on Jul 30, 2021
You need to speak with an attorney who handles domestic relations. The problem is does liquidating the asset--turning your house into cash--change who can get what? It's a pre marital asset, and if you made all the payments and it's in your name, I'm not sure if you want to liquidate... View More
Is an inherited IRA protected from a divorce? If distributions from an inherited IRA are made into an account solely in the name of the IRA recipient, are those distributions protected from divorce? Can those distributions be made directly to the recipient's living trust that has a co-trustee... View More
answered on Jun 30, 2021
Drafted correctly, a trust or trusts as beneficiary(ies) would not have any different tax consequences than naming individual beneficiaries. Look for an attorney in your area that understands how to draft a "see-through" retirement plan trust.
The case stems from an event in 1991 when I was married
answered on May 25, 2021
If your divorce is final, no. Generally a spouse isn't entitled to money for your injuries, but may have a separate claim for loss of consortium. But that would have been made at the time or before the divorce. If it's final, it is yours. Discuss with the attorney getting you the settlement.
answered on May 25, 2021
Talk to the attorney who drew up the agreement. Any statute of limitations runs from when payments are made according to the agreement.
This was a no fault divorce, so nothing was stated in the divorce decree. She lives in the home and during the divorce, verbally stated she would make the payments. Since the divorce, she has remarried and has promised numerous times that she was going to refinance to get the mortgage in their... View More
answered on Apr 26, 2021
If there was no Settlement Agreement executed in this case and neither party filed a count for Equitable Distribution during the Divorce, the remedy now is most likely a Complaint for Partition.
I don't drive and would have to Uber, costing me $60 each way twice a month. I have full custody of our 4 year old and he gets him every other weekend.
answered on Feb 23, 2021
See if he'll pay for your uber. If he has a vehicle I see a court saying you are right. But maybe if you had an attorney who got you the full custody, speak with them.
answered on Jan 16, 2021
No. The proportion of the division of assets may be different for a very short marriage but the general rule is that if the asset was acquired during the marriage, it's divisible between the parties.
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