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Lance J. Nelson

Lance Nelson’s Answers

3 total

  • Does separate property remain separate after marriage

    i am getting married and i have my own savings acct. if anything was to happen to my marriage, would the money that i had in the acct still be mine.

    Lance’s Answer

    You may want to consider a Prenuptial Agreement to protect your premarital property. Your separate bank account could become marital property during the marriage as a result of many different occurrences such as: commingling of funds and simply the increase in value of the funds. There is no way to insure your separate assets will not become subject to claims in divorce or, for that matter, at your death unless you have a prenuptial agreement.

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  • Separated but not divorced in PA

    I am separted from my spouse and live in PA. My spouse has refused to sign any divorce papers and is trying to make the process very expensive for me. We have been separted for over three years. My spouse recently purchased a house, do I have a...

    Lance’s Answer

    If you have been separated for 3 years, you can proceed under section 3301(d) of the Pennsylvania Divorce Code. Under this section, you can proceed with the divorce even if you spouse does not consent. In terms of property interests, you may have some property rights that you would need to explore. For example, if he used funds that came from the marriage to put down on the house, the house or a portion of the equity may be considered marital. You would really need to review all the facts of your situation with a lawyer familiar with divorce to decide the best way to proceed.

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  • My wife and I have been separated for 3 years. Do we have to wait 3 months after filing all the signed consents?

    My wife and I have been separated for 3 years and we are going to file in the complaint for in West Chester PA. Do we have to wait 3 months after filing all the signed consents?

    Lance’s Answer

    The short answer is no. If you both agree you have been separated for 3 years, you can proceed under section 3301(d) of the Pennsylvania Divorce Code. Under this section, you can sign the appropriate consents immediately after filing and serving the divorce complaint.

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