Ellen Starr Fischer’s Answers

Ellen Starr Fischer

Willow Grove Family Law Attorney.

Contributor Level 9
  1. What should be forms filed to conclude PA divorce with no kids or property?

    Answered about 3 years ago.

    1. Howard M Lewis
    2. Ellen Starr Fischer
    2 lawyer answers

    If there are assets and/or liabilities remaining that are jointly titled, or if there is a promise to share retirement funds, or to pay alimony. for example, then your Wife's attorney will prepare a Property Settlement Agreement, also known as a Martial Settlement Agreement. This Agreement is filled with legalese as well as details as to the specific understanding between you and your Wife . Be sure you have it reviewed by an attorney before signing it. If, on the other hand, you and...

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  2. I there spousal support in PA?

    Answered almost 3 years ago.

    1. Ellen Starr Fischer
    2. Charles Thomas Jr.
    3. Andrew Barclay Brown
    3 lawyer answers

    Pennsylvania is a no-fault divorce state. Although you can file for a "fault" grounds divorce, it is not necessary for purposes of receiving support. One of the considerations in awarding support, is the length of the marriage. This is a particularly important consideration in Bucks County. Regardless of the reason for the break-up, you will not receive support for longer than the length of your marraige and, in fact, the court may provide for a lesser duration. Your best bet is to...

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  3. Should we classify as TIC , JTWROS , or other ? What are the ramifications for either in the case of death or separation ?

    Answered almost 2 years ago.

    1. Ellen Starr Fischer
    2. Gregory S. Shields
    2 lawyer answers

    The best way for the two of you to protect yourselves is to enter into a Cohabitation Agreement. This Agreement, which is prepared by an attorney, will detail the terms you and your significant other agree to with regard to the disposition of the property in the event of a break-up or the death of either of you. For instance, you can provide for the return of your SO's downpayment, or some portion of it depending on how long you both live in the house; you can discuss who will buy-out who in...

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  4. My husband and I are separated but not divorced he took me off his health insurance, never told me and Ihad surgery a week ago

    Answered about 3 years ago.

    1. Jeffrey B. Engle
    2. Ellen Starr Fischer
    2 lawyer answers

    Mr. Engle appropriately answered your question, but there is one additional point I want to make. There is a law in Pennsylvania called the Support Law. It has nothing whatever to do with the support laws involved in divorce proceedings. Under this Support Law, spouses (and your husband is still your spouse) are responsible for the payment of each other's necessities. Medical expenses are considered necessities. Therefore, under this law, you can notify the hospital and your medical...

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  5. Children want to live with father, stepfather filed for custody, ex-wife is deceased. He has temp custody, how do I get my kids?

    Answered about 3 years ago.

    1. Ellen Starr Fischer
    2. Maribeth Wolfe Blessing
    3. Michael Kuldiner
    3 lawyer answers

    I assume there is no custody order in place since you mention the conference was continued several times. It is my understanding that as the biological father, you have every right to have custody of your children. Your ex-Wife's will is merely her wish, but it is not enforceable. My concern is with the timing of the conference. If, in fact, your daughter will need to change schools in order to live with you, you might consider fiing an Emergency Custody Petition stating she is...

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  6. Is "not taking your child on your set day, per a custody order, contempt?

    Answered about 3 years ago.

    1. Ellen Starr Fischer
    2. Michael Kuldiner
    2 lawyer answers

    Any parent who willfully fails to comply with a custody order can be held in contempt. It is unfortunate that your son's father fails to comply with the schedule. You can file a Petition to Modify to try to work out a schedule that better meets with the dad's schedule. If he continues to ignore his custodial obligation, then you should file another Petition to Modify seeking to terminate all of his visits except to the extent they meet with your approval. And, given his limited time...

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  7. If someone filed a restraining order against me, can we go into the same courtroom for another case.

    Answered over 2 years ago.

    1. Ellen Starr Fischer
    2. Marakay Jessica Rogers
    2 lawyer answers

    If you must be in the same courtroom, then at the time of your arrival at the courthouse, you should let the sheriff know your circumstances so that you can be separated from the other person. If you are a witness, then you have likely been subpoenaed so that your presence is required. Ellen Fischer

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  8. Can i keep apartment number private in 50/50 custody arrangment

    Answered about 3 years ago.

    1. Ellen Starr Fischer
    2. Laura Kaye Robbins
    2 lawyer answers

    Unless you have been given authority under your custody order to maintain a private address for safety reasons, you will need to give the father the complete address. Both parents should always know where their children live and with whom. If you do not give him your address, he will object to giving you his (unless you already know it). I tell my clients that they should never permit a custody exchange without knowing the other parent's complete and accurate address and phone number.

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  9. Can there be a mediation between two parents who are divorced with a custody agreement?

    Answered about 3 years ago.

    1. Ellen Starr Fischer
    2. Diana Lee Mercer
    3. Dominique Nghi Thieu
    3 lawyer answers

    I applaud you for considering mediation. It is wonderful when parents recognize they have co-parenting issues and choose to seek alternatives to court. You can contact the court to see if they have a list of family law mediators who they recommend. If the Philadelphia court does not have a list, then you can contact Good Shepard Mediation Services in Philadelphia or you can find a private mediator. Be careful when choosing a private mediator, because Pennsylvania does not have a formal...

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  10. Can I legally withhold our son from his father until he gives me the address of where he is living and keeping our son overnight

    Answered about 3 years ago.

    1. Ellen Starr Fischer
    1 lawyer answer

    If you and the dad have joint custody under a court order, in almost all cases one of the provisions in the order is that you are both made aware of each other's addresses. I routinely advise my clients to withhold children from the other parent if my client does not have the address where the children will be staying. You have the right to know where your children are. So, assuming the order has a provision requiring the sharing of addresses, you should file a Petition for Contempt for...

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