Legal Question in Family Law in Pennsylvania
My wife left her job 8 months ago and moved to California with her Dad. She hasn't work and I have carried the entire financial load her in PA. We may be headed towards divorce and I want to know what rights i have to our house, money ect since she left and I have been carring the finanical load. She is suffering from some type of depression. I make a lot more money then she did so I am concerned about what she can take and because she lives with her dad in CA. She is still a resident of PA but that also concerns me. I work way to hard to lose what I have work. The realationship isn't over yet but I want to protect myself. What advice do you have.
thanks,
Brad
2 Answers from Attorneys
You really have to sit down and talk with an attorney about all these things---it is much too complex and involved to answer by e mail
You should certainly be prepared ahead of time...
Most lawyers will charge a reasonable consultation fee which would well be worth investment...
You also should call your County Bar Association's Lawyer's Referraland Information Service who will set up a half hour consultation with a lawyer in this field for a very nominal fee...
Do that RIGHT AWAY
I am in Philadelphia and you are welcome to call me, I actually will be in your area later this month, but You might be better off calling the Referral Service I suggested...
Good luck and I am truly sorry you and your family are going through this....
215 732 4000
Site: www.saulhsegan.com
Just in general - Pennsylvania looks at property to determine when it was acquired. It is presumptively marital if acquired during the marriage and before the date of separation, regardless of how it is titled. Whether your wife is entitled to alimony is a separate question - the court looks at the statutory factors, including length of the marriage, if there are any children, what separate property she will get, age, ability to earn income, etc. She also has to prove financial need on her part and ability for you to pay. Why doesn't she work? If she can work and just refuses, she may not be entitled to alimony. If you have paid marital debt, then you should get credit for it in the equitable distribution.
Mr. Segan is right - you need to consult a family law attorney right away to better understand the divorce, equitable distribution and alimony process.
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