Divorce
Separation Agreements vs. Marriage/Divorce Settlement Agreements
Posted in Divorce on May 13, 2018
When a couple decides to live separately and apart, but not to divorce – at least, not yet – they may decide to put the terms of the separation in writing. That said, such written agreements are rare and it has been many decades since I have seen one. Moreover, as a practical matter, they… read more
How To Talk To Your Grandkids About Divorce
Posted in Divorce on May 12, 2018
First of all, consider whose children they are. They are not yours. Therefore, it seems that if anyone is going to explain your divorce to someone else’s kids it ought to be those kids’ parents. Certainly, at the very least you must ask the parents if they or you would be the better choice. Even… read more
How To Talk To Your Kids About Your Divorce
Posted in Divorce on May 11, 2018
As difficult as divorce can be for the spouses, it may be as difficult, or more so, for the children. Many entire books and articles have been written on the subject by psychological and sociological experts. We lawyers are neither of those. We may have experienced the effects of divorce on children (and even grandchildren),… read more
What Happens To Wedding Rings During A Divorce?
Posted in Divorce on May 10, 2018
Unless the two of you agree otherwise, you will have to say goodbye to that ring as well as your spouse after the divorce is final. It boils down to this, wedding rings are unconditional gifts and fall into the same category as any other gift given by one spouse to another (or even a… read more
Is There Such A Thing As A Postnuptial Agreement In Pennsylvania?
Posted in Divorce on May 9, 2018
A postnuptial agreement is an agreement into which the divorcing couple enters as part of the divorce to resolve any issues they want to be resolved in writing once the divorce is over. Obviously, a prenuptial agreement is entered into before they get married and is intended to control what will happen to each party’s… read more
Do You Need A Reason To Get A Divorce in Pennsylvania?
Posted in Divorce on May 8, 2018
Contrary to popular belief, there is a reason for a divorce even in a no-fault case and that reason, legally, is the same in all such actions: The marriage is irretrievably broken. Said another way, the marriage is broken and cannot be fixed, so we agree to end it. A party seeking a no-fault divorce… read more
Can A Divorce Agreement Be Changed?
Posted in Divorce on May 7, 2018
There are very few agreements that cannot be changed if both parties are interested in changing it. However, if your agreement was made part of your final divorce decree, it would be up to the judge to allow a requested change after a lawyer officially presented the request by petition to the court. Even in… read more
What Happens to A Mortgage After A Divorce?
Posted in Divorce on May 6, 2018
Legally, a mortgage does not prevent the granting of a divorce. It is just a debt, and debts (while an issue needing resolution) cannot legally stop a couple from getting divorced. Of course, there’s much more to it than just the bare legalities of having a mortgage. Let’s discuss the practicalities, problems and possible solutions…. read more
We’re Getting Divorced, But We Have Debts to Pay
Posted in Divorce on May 5, 2018
A couple getting divorced should make sure that the debts they have will get paid. Frequently, they informally agree who will pay which one. That agreement can be formalized in writing and made part of the divorce, but, under Pennsylvania law, it is not required to be. (Pennsylvania is different from most other states in… read more
Can I Or Will I Receive Alimony After a Simple, Uncontested, No-Fault Divorce?
Posted in Divorce on May 4, 2018
Because Pennsylvania has an equal rights amendment, alimony is not exclusive to wives anymore (especially since same-sex marriages are recognized now), but it is never something that happens automatically as part of ANY divorce. The simple answer is that in an uncontested divorce, the payment of alimony to one ex-spouse by the other – obviously… read more
Should You Change Your Last Name After A Divorce?
Posted in Divorce on May 3, 2018
When a party to a divorce wants to take back the name used before the marriage, in our society, it’s frequently the wife, but it could be whichever party at the time of the marriage began using the other party’s last name. I do know of one case wherein the man took the woman’s last… read more
Do You Need To Go To Court for a Simple, No-Fault, Uncontested Divorce?
Posted in Divorce on May 2, 2018
No one likes to go to court, not even for a traffic ticket. It’s inconvenient, may require time off work or hiring a sitter…and it is really uncomfortable having to stand in front of a judge and other people in the courtroom. But if I handle your divorce, not only will you never see the… read more
Getting A Divorce And My Name’s On The Mortgage
Posted in Divorce on May 1, 2018
Married couples often buy a home. Typically, both of their names end up on the deed to the property and the mortgage loan which enabled them to buy the house. Getting divorced without the appropriate legal provisions concerning the real estate can lead to serious problems for either or both parties. If the couple decides… read more
Posted in Divorce on April 19, 2018
It’s easy to qualify for a “gray” divorce. Your hair doesn’t need to be gray, nor do need to have been married for many years, though it usually is one or the other… or both. It is a fact that older folks or long-married couples get divorced for exactly the same reasons as younger couples… read more
What’s The Difference Between a Religious Annulment and a Legal Annulment?
Posted in Divorce on April 18, 2018
Many people would like to end their marriages by annulment rather than divorce. Annulment seems to be a “nicer” way to do it; yet, qualifying for an annulment from our courts is very rare. First of all, one must seek an annulment as soon as one discovers that one qualifies for it. Why? Because our… read more
What Happens To Pets During A Divorce?
Posted in Divorce on April 17, 2018
Many people view their pets as family members, but our courts, as much as a judge may like pets, cannot treat them the same as children. Accordingly, we must speak of the “possession” of pets and not the “custody” of pets. It is entirely possible for a pet to belong to either party or to… read more
What Happens If Your Spouse Won’t Sign Divorce Papers
Posted in Divorce on April 16, 2018
For a divorce to be low cost, everything about it must be simple and involve very little work for the lawyer. That can only be the case if both parties are and remain available and fully cooperative and both give written consent to the divorce, no matter how the parties have been separated. Period. Let’s… read more
Is There a Good or Easy Way to Tell My Spouse That I Want a Divorce?
Posted in Divorce on April 15, 2018
It is an unfortunate fact that half of all marriages end in divorce (and three out of four ends whenever stepchildren are part of the picture). It is all but impossible for both people to decide at the same time that they want the divorce. One may see it coming, but one will want it… read more
I Have No Idea Where My Spouse Is. Can I Still Get a Divorce?
Posted in Divorce on April 14, 2018
Spouses do lose contact with one another, sometimes accidentally and, other times, one will hide from the other for various reasons. In a conventional divorce through a local, expensive, full-service law firm, it may be possible to get a divorce from a spouse who cannot be found; but, the court cannot simply be told that… read more
How To Budget For an Uncontested Divorce
Posted in Divorce on April 13, 2018
An uncontested divorce through my office can be as low as $219.00 (including court costs) and my clients often pay in installments, the first being as low as $25.00. If money is tight for you, every time you receive a step in the divorce process from me, you can take as long as you want… read more
How Long After An Uncontested Divorce Can I Remarry?
Posted in Divorce on April 12, 2018
Believe it or not, someone who gets divorced may remarry before the ink is dry on the divorce decree. There is a 30 day period that begins with the date on the decree during which either party to the divorce may file something called “exceptions” to the decree, but in the tens of thousands of… read more
Do I Still Get Military Retirement Pay After A Divorce?
Posted in Divorce on April 11, 2018
It is not unusual for one spouse or the other to be entitled to receive payments from a former employer after retirement from that employer. That employer could be private, government or even the military. Under Pennsylvania law, the other spouse may well have a claim to a portion of that retirement pay as it… read more
Changing A Child’s Last Name After an Uncontested Divorce
Posted in Divorce on April 10, 2018
It is not at all unusual for a woman to want to re-take her maiden name (or even a prior married name) as part of a divorce. More women might do this except it sometimes means that the children of the marriage will end up with the ex-husband’s last name and it would then be… read more
Can A Spouse Who Cheats Receive Alimony in Pennsylvania?
Posted in Divorce on April 9, 2018
Even though neither party’s “faults” are in the paperwork of a NO-fault divorce, it is usually the case that one spouse has had enough of the other’s bad behavior, no matter what it may have been, such as adultery, physical abuse, desertion or any other behavior that causes the other party to want to end… read more
Getting A Divorce When One Side Is Not in Pennsylvania?
Posted in Divorce on December 29, 2017
A state is known in the law as a jurisdiction and it is absolutely important that your divorce be filed in the correct jurisdiction. If a divorce is filed in the wrong jurisdiction, either by mistake or on purpose, it will be a permanently legally defective divorce forever. It would be as if the divorce… read more
Can I File a Divorce Myself in Pennsylvania?
Posted in Divorce on December 22, 2017
First, one may think that I should have used “may I” instead of “can I” in the title. In this instance, “can I” is correct. Under our law, a person “may” represent him or herself in our Courts of Common Pleas where divorces are filed, but “can” one do it correctly? Perhaps more importantly, will… read more
Pennsylvania Divorce and Undocumented Immigrants
Posted in Divorce on December 15, 2017
As we all know these days (and has been the case for most of the history of our country and others), there are people in the USA who legally may have no right to be in the USA. This is not a political discussion on that subject, just my explanation how being in the USA… read more
Can I Get a Pennsylvania Divorce If I or My Spouse Is Incarcerated?
Posted in Divorce on December 8, 2017
Whether or not anyone can get a divorce in Pennsylvania depends on many things, but, except in a somewhat unusual circumstance, one or both parties being in jail or in prison is not one of them. For a simple, uncontested no-fault divorce, if one or both parties are incarcerated, the place where he, she or… read more
Is a Pennsylvania Divorce Possible If One of Us Is in the Military?
Posted in Divorce on December 1, 2017
When one (or even both) parties to a divorce are in the full-time military service, filing a divorce in Pennsylvania may still be possible even when one party (or both) are stationed, based or posted outside of Pennsylvania…even outside of the USA or even serving for an extended time at sea. What is required is… read more
How Pennsylvania No-Fault Divorce Works
Posted in Divorce on November 24, 2017
Pennsylvania’s no-fault divorce law went into effect in June of 1980. For approximately the previous two hundred years, Pennsylvania had only fault divorce. Even the simplest uncontested fault divorces took quite a bit of a lawyer’s time as the client and lawyer had to appear in Court and the client had to testify about the… read more
How Fast Can One Get a Divorce in Pennsylvania?
Posted in Divorce on November 17, 2017
“How fast can I get my divorce?” That’s a question almost every client asks. The answer depends on several things. First, obviously, is how soon you hire your lawyer to start the process. Mike Davis at Davis Divorce Law is ready to start your divorce immediately. Second, how busy is your lawyer? Davis Divorce Law,… read more
Pennsylvania Divorce Attorney Mike Davis Reaches 43 Years of Practice
Posted in Divorce on November 13, 2017
Davis started practicing in 1974, and has helped well over 100,000 clients, PADivorce.com reports PITTSBURGH, PENNSYLVANIA, UNITED STATES, November 13, 2017 /EINPresswire.com/ — Attorney Mike Davis announces his 43rd year performing divorces in the state of Pennsylvania. Mr. Davis received his Bachelor of Science in 1970 from the University of Pittsburgh and his Juris Doctor… read more
DIY Divorce Kits Are Risky And Impractical In Pennsylvania
Posted in Divorce on October 12, 2016
This article looks at three reasons why divorce kits are dangerous, especially in Pennsylvania. In recent years, more and more people have chosen to use do-it-yourself divorce kits to help them legally end their marriages. Divorce kits can appear attractive, especially since they promise a divorce quickly and cheaply. However, many people who have used… read more
Many Pros, Few Cons With An Uncontested, No-Fault Divorce
Posted in Divorce on October 12, 2016
There are many benefits to seeking an uncontested divorce. We’ve all heard that half of all marriages end in divorce. This statistic is fairly accurate, and while the divorce rate does vary from year-to-year, roughly 50 percent of all married couples do end up splitting. That number is even higher for subsequent marriages, with as… read more
Uncoupled Selfie Trend Highlights Benefits Of Uncontested Divorce
Posted in Divorce on October 12, 2016
An uncontested divorce can save time and money. Is it right for you? It is a trend that is sweeping Instagram: the divorce selfie. Often followed with the #uncoupled or #divorceselfies, these photos feature couples who appear to celebrate the fact that they recently finalized their divorce. Many are taken outside the courthouse where the… read more