Linda Ann Kerns’s Answers

Linda Ann Kerns

Philadelphia Divorce / Separation Lawyer.

Contributor Level 5
  1. Does sole legal custody of a child mean the other parents is still required to pay child support?

    Answered over 2 years ago.

    1. Linda Ann Kerns
    2. Charles Anthony Rick
    3. Eric D. Strand
    3 lawyer answers

    Legal custody encompasses the right to make decisions about the health, welfare and general well-being of your child. In almost all cases in Pennsylvania, parents share legal custody. Sometimes, a court will decide it is better, or parents will agree, that only one parent makes the decisions -- and that is sole legal custody. Legal custody is not related to child support in Pennsylvania. Even if a parent agrees to forego legal custody, that parent will still be liable for child support....

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  2. My boyfriends ex(wife) will not sign the divorce papers, and we are having a baby & want to be married. What can we do??

    Answered over 2 years ago.

    1. Linda Ann Kerns
    2. Eric D. Strand
    2 lawyer answers

    In Pennsylvania, if you have been separated less than 24 months, you do need your spouse's cooperation to obtain a divorce. However, once you have been separated at least 24 months, you do not need your spouse's signature. Your spouse can still delay the divorce by making economic claims, however. Occasionally, in instances where one or both of the spouses are expecting children with new paramours, the court will grant a bifurcated divorce upon request. This means that the court will...

    3 lawyers agreed with this answer

  3. Can I stop harassing phone calls from my children's mom?

    Answered over 2 years ago.

    1. Linda Ann Kerns
    2. Virginia Giselle Alvarez
    2 lawyer answers

    Based on the content of her text messages, her behavior may rise to the level of abuse under Pennsylvania's Protection from Abuse statute. You should have an attorney review the material. If you do not have a custody order in effect, you should consider seeking one from the court -- that way you can address what behavior is appropriate in front of a child. It sounds like you are on the right track by not retaliating and ending the conversations as soon as possible. I have written several...

    2 lawyers agreed with this answer

  4. 401K and Divorce

    Answered almost 4 years ago.

    1. Linda Ann Kerns
    2. David W Kestner
    2 lawyer answers

    In Pennsylvania, a retirement plan such as a 401K is generally valued from the date of marriage to the date of separation. However, gains on the premarital portion are also considered marital property. In addition, gains on the marital portion accrued after separation will be considered marital property. Depending on the value of the account, it is usually best to have an expert value the marital portion. Because retirement plans usually contain stocks and bonds that gain and lose value over...

    1 lawyer agreed with this answer

    1 person marked this answer as helpful