Legal Question in Family Law in Pennsylvania
My husband owns a business,we've been married 21 years.Am I entitled to half??He started the business after we got married?? He said he isn't cheating on me,but has been talking,by,phone,Facebook,text,to another women in another state,from where he was from...isnt that still consider cheating??I read some Facebook messages before he changed his password,over 200,,also would you be able to subpoena,his cell phone record? He just asked for a divorce,,stating he would give me 50/50 split..No children are involved.Am I entitled to spouse support,since I've only been working 3 nights a week,,,per his request..
1 Answer from Attorneys
Thank you for your question.
Talking by phone, corresponding by Facebook and texting with someone your husband has not met in person would probably not be considered "cheating", but it would depend on the facts and circumstances of each case. But, generally, where someone has not even met face to face with a would be "paramour", would not be considered cheating.
There would have to be a divorce action pending in the Court in order for the Court to Subpoena someone's phone records, or any other records for that matter. So, if a divorce action has not been commenced by the filing of a Complaint in Divorce with the Court of Common Pleas, you would not be able to ask for a Subpoena.
If, during your 21 year marriage, your husband did not want you to work and demanded that you be a "stay at home" wife, then you might probably be entitled to more than 50% of the marital assets, including your husband's business. And, for the same reasons, you would also be entitled to "Alimony pendente lite" which is alimony during the divorce proceedings and also be eligible for alimony when the divorce decree is signed by the Judge. However, in Pennsylvania, alimony does not go on forever. A Court will award alimony which the law expects the recipient spouse to use to acquire a skill in order to be able to enter the work force and become self-supporting. For a 21 year marriage, you could be eligible to receive alimony for approximately 6-7 years, depending on the age, health, education, and several other factors of both the husband and the wife.
In Pennsylvania, the law wants to see both the husband and the wife represented by their own Attorney. If one spouse cannot afford an Attorney and the other spouse is well able to afford one, the Court will grant Counsel Fees to the spouse who does not have the funds to pay for an Attorney. So, be sure you tell the Attorney who will represent you to include a count for Attorneys' Fees in the Answer to your husband's Complaint in Divorce.
Kindest regards,
ANDREA
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