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Brian Edward Sipe

Brian Sipe’s Answers

1,057 total


  • What does a No fault divorce mean?

    My wife filed for a no fault divorce in another county in PA. She and I have been separated for a year and a half. We both live in Philadelphia but, of course, in different homes. I purchased a new home while still married, but my wife never li...

    Brian’s Answer

    I agree with Ms. Hillbush. A count for equitable distribution must be included in the complaint in order to split property. No-fault refers only to the type of divorce itself. A fault based divorce involves more procedures before you can divorce, while no-fault allows you to divorce without undue cost or fighting.

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  • Should we use an attorney to file and complete the divorce process as our case seems uncomplicated? There are online services.

    My husband and I are considering pursuing a no-fault divorce. We have prenuptual and antenuptual agreements in force that stipulate that neither of us have access to the other's properties, etc. Our assets are separate, except for joint ownershi...

    Brian’s Answer

    I have seen many incorrect forms put out by these types of companies. I have represented several people who used them. Since the forms are right in the court rules, there is no excuse for a company to give out the wrong forms, but they do. So look at the court rules and, if you can't figure out how to do it yourself, at least double-check what they trying to sell to you.

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  • What do i do to get my 401K

    My union said i cann`t get my 401K without her singing off on the paper work. She lift me in 2006 and i have know way of finding her,now im retried and tha is my money i put away just for me?

    Brian’s Answer

    You can divorce her using alternative service. This is a process in which you show the court that she cannot be found. The court will then allow you to move forward with the divorce without her.

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  • Will his child support be raised? Is there any chance it would be lowered?

    My husband and I live in Pa. We have two young children together, he also has a son from a previous relationship. His ex is constantly threatening to take him to have his child support raised. He is making more money but has more expenses and we'r...

    Brian’s Answer

    Nothing is relevant to the child support equation except for the two parents' incomes. If he is making more money, chances are, he will have to pay more. But why isn't she working? Get a salary imputed to her! She should have at least minimum wage imputed to her, which could then lower the amount, dependent upon how much more your husband is making.

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  • Can divorce take home from wife added to deed when married 2012? & can he groundlessly sue to intimidate/tie her up in defense?

    Not a common property state, a Pennsylvania rich husband divorcing caregiving senior wife wants her to leave with nothing but her car & household goods she came with, while he keeps/lives in their house she believes he should buy her out of. When ...

    Brian’s Answer

    • Selected as best answer

    From what you have stated, you are an owner by the entireties, as it is called in PA, but even if you were not, he will have to buy you out of the house. The difference between you as an owner and you having an equitable interest is that he might limit you to the increase in value during your marriage rather than the value of the entire property.

    You do need to obtain an attorney as soon as possible. You will be awarded A.P.L., which is short term alimony meant to get you through the divorce. This will help you pay your attorney.

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  • What should I expect? should I bring attorney for court in front of master or just wait for judge?

    I have a mid-Jan court date for custody. What happens of father doesn't show? and if he does show and we don't agree I understand we go in front of a judge next, is that on the same day or different day?

    Brian’s Answer

    Look at it this way: the master tries to get both parties to agree without going to a judge. If each party represents themselves, they will be facing each other, not a neutral lawyer. What are the chances that you will be able to speak to each other pleasantly and agree on the best interests of your child?

    If you go before a judge, you will need an attorney to present evidence on the many factors that are involved in child custody. The judge will require a full-blown custody hearing, which could go from a half-day to two or three days, depending on your situation. $10,000 is not an outrageous amount for such a case, especially if you need any expert witnesses.

    If the lawyer or lawyers can work out an agreement between the two of you at the master's hearing, then you will get away with $1000 or less.

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  • Will i be able to keep my daughter in her current school district if her father with less custody than me moves?

    I have 54% custody. The father has 46%. He wants to move to nearby town with a different school district and put my daughter in that new school district. However, i am planning on moving to one of the top 2 school districts that are better than th...

    Brian’s Answer

    Ir is difficult to say based upon the facts that you stated. As Mr. Race wrote, it is the best interests of the child which will control the situation. Removing your child from the school district that she has been in may not be the best thing for her, but such a decision can only be made when every fact about the entire situation has been considered.

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  • Can I make my ex pay child support if he's not helping?

    My ex husband and I divorced in 2010. We were married five years. We agreed to 50/50 custody. With him paying $600 a month in child support do to his high paying job. Since then he has asked me for reductions and I have said yes because I've f...

    Brian’s Answer

    If he quit his job, you can have the salary that he had been earniing imputed to him by the court.

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  • What are my rights so I can at least be better educated if I am unable to get a lawyer?

    In June this year I moved into a house with my mother with my 2 children, the oldest is 7yrs old and has a minor case of autism. I asked her to respect his strict routine and to help with discipline and not let him run around and do whatever he wa...

    Brian’s Answer

    It is impossible to give you a full accounting of your rights on Avvo. You need to speak to an attorney, even if you cannot afford to hire him/her. If you have a nice place to live, you should not have any reason for concern regarding having primary custody. He hasn't been in their lives and grandparent rights are somewhat limited, although a grandparent can often obtain visitation rights in PA. Much will depend upon the various factors listed in the child custody statute found at the link below.

    Good luck.

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  • Can I get a no-fault with out hiring a lawyer?

    Been separated 7 years, grown children, no joint assets, no retirement. Want to obtain a no-fault. Marriage irretrievably broken, spouse will not sign the forms.

    Brian’s Answer

    Below is a link to a no-fault self help manual for Philadelphia county. Many forms would be the same, many different. Look it over to see if you understand what is necessary. If so, you can do it yourself. However, if there are other issues, I would suggest you get the help of an attorney.

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