Lance J. Nelson’s Answers

Lance J. Nelson

West Chester Family Law Attorney.

Contributor Level 6
  1. Separated but not divorced in PA

    Answered over 5 years ago.

    1. Lance J. Nelson
    1 lawyer 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...

    1 person marked this answer as helpful

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

    Answered over 5 years ago.

    1. Lance J. Nelson
    1 lawyer 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.

    1 person marked this answer as helpful

  3. Does separate property remain separate after marriage

    Answered over 5 years ago.

    1. Lance J. Nelson
    2. Edward JT Fabick III
    2 lawyer answers

    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.