Josef Arthur Hirschmann III’s Answers

Josef Arthur Hirschmann III

Pittsburgh Divorce / Separation Lawyer.

Contributor Level 14
  1. Can I file for my legal seperation without a lawyer?

    Answered over 1 year ago.

    1. Josef Arthur Hirschmann III
    2. Michael Kuldiner
    3. Kathryn L. Hilbush
    3 lawyer answers

    I agree with my colleague regarding there being no legal separation in Pennsylvania, but wanted to add the following. If your ex is currently represented by an attorney, that attorney is not permitted to represent you as well in adversarial proceedings under the ethical rules that govern the practice of law in Pennsylvania. Many firms who practice in Ellwood City, including my own, offer free consultations. I would be happy to speak with you further regarding this matter. Joe Hirschmann...

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  2. I need a custody/child abduction attorney

    Answered over 1 year ago.

    1. Kathryn L. Hilbush
    2. Josef Arthur Hirschmann III
    3. Michael W. Aitken
    3 lawyer answers

    The title of your post answers your own question. You absolutely need to retain an experienced family law attorney who regularly practices in your county. There must be a significant case history and this forum is not the appropriate place to have a discussion of such magnitude. You should have this conversation in private with an attorney who can hear every aspect of your case and advise you with how to move forward. You can use Avvo's "Find a Lawyer" tab, contact your local bar...

    8 lawyers agreed with this answer

  3. I am separated. Can I remove my husband from my health ins? I did and he threatened to file an injunction.

    Answered over 1 year ago.

    1. Josef Arthur Hirschmann III
    2. Julie Rebecca Colton
    3. Kathryn L. Hilbush
    4. William Ray Pelger
    4 lawyer answers

    Typically, a person is not supposed to remove their spouse from their health insurance, even if they are separated, until such time as a final Divorce Decree has been entered. That being said, it happens relatively often. The situation of which you need to be aware is that if you do remove him from your health insurance, once a divorce complaint is filed (if one does indeed get filed), he can request that the Court order you to reinstate his health insurance pending the outcome of the divorce....

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  4. Do I receive less child support if my ex decides to move somewhere more expensive?

    Answered over 1 year ago.

    1. Randi Joy Silverman
    2. Josef Arthur Hirschmann III
    3. Paula Brown Sinclair
    4. William Ray Pelger
    4 lawyer answers

    I agree with my colleagues but wanted to add the following. In Pennsylvania, child support is based on taking each parties gross income and subtracting Federal, State and Local Income Taxes, Medicare and Social Security taxes, non-voluntary union dues and alimony paid to another party. After the parties net monthly incomes are calculated, they are combined and said number is then compared to a chart contained in the PA Rules of Civil Procedure. When that number is found on the chart, you...

    7 lawyers agreed with this answer

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  5. As part of the divorce, my spouse and I must, and have agreed, that we must sell the marital home.

    Answered about 1 year ago.

    1. Josef Arthur Hirschmann III
    2. David James Henry
    2 lawyer answers

    Absent a Court Order, you would not be required to agree to selling the house for $70,000.00 below the market value. Depending on when the house was listed, based upon the limited information in your post, I do not imagine a Judge would require you to accept such a low offer; however, these matters are in the Judge's hands and it truly is impossible to be assured of what the Judge would decide. If you are not currently represented by an attorney, you should schedule a consultation with one...

    7 lawyers agreed with this answer

  6. What is the term Exclusive Possession and how does this apply to a married couple who mutually agree to separate temporarily?

    Answered over 1 year ago.

    1. Lidia L. Alperovich
    2. Josef Arthur Hirschmann III
    3. Susan J. Vandegrift
    4. Ryan Michael Davidson
    5. Jacob Ryan Lauser
    5 lawyer answers

    Typically, a claim for exclusive possession is included in a Complaint for Divorce; or, a Petition requesting Exclusive Possession is presented following the filing of a Complaint in Divorce. It is the rare case that a Petition Requesting Exclusive Possession is filed independently when couples separate without a divorce being filed. The term exclusive possession means that only one party has the right to reside in a residence. It does not mean that you will lose your right to receive your...

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  7. My father passed a couple of months ago. He had no will . This is a 2nd marriage Am I entitled to anything?

    Answered over 1 year ago.

    1. Josef Arthur Hirschmann III
    1 lawyer answer

    As your father resided in Florida, I recommend that you reclassify this as a Florida question, as opposed to Pennsylvania, so that attorneys licensed in Florida are more likely to be able to see your questions and be able to respond accordingly. It is very possible that intestacy laws (the laws under which assets in an Estate are distributed when there is no will) are significantly different under Pennsylvania and Florida law; and, because your Father resided in Florida, Florida law will...

    7 lawyers agreed with this answer

  8. Can my 12 year old decline visitation with his father whom he has never met? He is just now asking to see him.

    Answered about 1 year ago.

    1. Josef Arthur Hirschmann III
    2. Kathryn L. Hilbush
    3. Jeanne B. Costopoulos
    4. William Ray Pelger
    4 lawyer answers

    I agree with my colleague but wanted to add some additional information as I practice in Allegheny County and may be able to shed some more specific insight for you. At 12/13, so long as your child is intelligent, well-spoken and able to communicate his preferences clearly (as well as his reasoning for such preferences), it is more often the case that the Judges here will allow your son to make his wishes known. Reunification counseling when there has been such a significant absence from a...

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  9. How do I have my PA custody/visitation agreement modified and/or enforced.

    Answered over 1 year ago.

    1. Josef Arthur Hirschmann III
    2. Lee Alan Thompson
    2 lawyer answers

    First, you should immediately consult with an attorney regarding the improper relocation of your ex and children. Pursuant to Pennsylvania statute, the mother was required to follow the proper relocation procedures, which entails giving you notice (typically at least 60 days prior to the move, absent an inability to know of the move), and giving you an opportunity to object to the relocation and request a hearing on the matter prior to the move. Because it seems as though your ex skipped...

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  10. I was found in contempt...

    Answered over 1 year ago.

    1. Josef Arthur Hirschmann III
    2. Kathryn L. Hilbush
    2 lawyer answers

    If you do not pay the attorney's fees by the specified deadline, the attorney can bring another Petition to once again attempt to hold you in contempt and have you pay additional counsel fees. Jail is an option, but is typically saved for a last resort. If you want to attempt to arrange a payment plan, you need to contact the attorney to whom the fees are owed. If he does so agree, make sure that you get it in writing, signed and dated; and, further, you may want to ask that a Consent...

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