Lisa Marie Vari’s Answers

Lisa Marie Vari

Pittsburgh Divorce / Separation Lawyer.

Contributor Level 12
  1. What are the chances that judge will decide to divide both my husband's pension and 401k? Can this chance be equal to zero?

    Answered 4 months ago.

    1. Lisa Marie Vari
    2. Josef Arthur Hirschmann III
    3. Michael Bruce Greenstein
    4. William Ray Pelger
    5. David Alexander Browde
    6. ···
    6 lawyer answers

    My colleagues above are providing you with the best advice -- seek the advice of an experienced Pittsburgh divorce attorney immediately. It's worth noting that the vast majority of divorce/equitable distribution cases are settled by agreement of the parties (utilizing a Marriage Settlement Agreement or Consent Order of Court) before the case reaches the point where a Judge would decide on an appropriate division of the marital estate (trial). For this reason, it is extremely important that...

    3 lawyers agreed with this answer

  2. Are Pennsylvania marital assets always divided 50-50 in divorce?

    Answered 5 months ago.

    1. Lidia L. Alperovich
    2. Kathryn L. Hilbush
    3. Lisa Marie Vari
    4. Elaine Smith
    5. Daniel Patrick Joyce
    5 lawyer answers

    I agree with my colleagues above. As stated above, Pennsylvania is an "equitable distribution" state. Equitable distribution is the process of dividing marital assets and marital debts. Pennsylvania family law courts divide marital assets and debts based upon principles of equity, or in other words -- as the court thinks is fair. Accordingly, the division of assets and debts does not necessarily mean that they will be divided on an equal basis. Pennsylvania law provides a variety of factors...

    3 lawyers agreed with this answer

  3. How do I go about adopting my stepson?

    Answered 5 months ago.

    1. Lisa Marie Vari
    2. Kathryn L. Hilbush
    3. Dana Palmer
    3 lawyer answers

    I agree with my colleagues' responses above. Completing a step-parent adoption in Pennsylvania can be a complex legal matter. Because all stepparent adoptions require either (1) the consent of the other birth parent; or (2) a court order terminating the other birth parent's parental rights, how easily a stepparent adoption can be accomplished often depends on the degree of cooperation that can be expected from the other birth parent. For example, in some cases the other birth parent may...

    3 lawyers agreed with this answer

  4. What type of shared custody schedules can it be besides 50/50 shared? Thank You in advance.

    Answered over 2 years ago.

    1. Lisa Marie Vari
    2. Jeffrey T. McGuire
    3 lawyer answers

    The PA custody statutes and appellate laws have indicated that there is no mathematical forumula for stating that an order is a shared custody order or is not. Shared custody instead is generally defined as a substantial and continuing relationship with both parents. Having said that, in practice shared physical custody is generally where the parents exercise at least a 60/40 split to an equal 50/50 split. There is a push to eliminate words in custody orders such as primary custody, partial...

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  5. How long would a child custody appeal take to be heard by the superior court?

    Answered over 2 years ago.

    1. Lisa Marie Vari
    2 lawyer answers

    Each attorney will have a different cost for handling a family law appeal. Variables inlcude the attorney's hourly rate, the cost of having the transcript prepared by the court reporter and copied for the court, and the actual amount of time that it takes for the lawyer to read your transcript, formulate the appropriate issues for appeal, research those issues, draft your brief, and attend oral argument, if necessary, before the Superior Court. There is also preliminary work that must be done...

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  6. Am I obligated by law to keep my son at my place? Do I still have to support him financially or otherwise? Can I put him out?

    Answered 16 days ago.

    1. Marian Audrey Lindquist
    2. Lisa Marie Vari
    3. Marjorie Brunelli DeCastro-Hirsch
    3 lawyer answers

    Although your son is an adult, he is a dependent because he is still in high school. Depending upon if you have a court order in place regarding child support/custody, there may still be a duty of child support owed until your child graduates from high school. More facts are needed to answer your question, and I encourage you to consult with a family law attorney in your area.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  7. I want to divorce an keep the paternity of my baby, how do I have to proceed?

    Answered 16 days ago.

    1. Lisa Marie Vari
    2. Brent Allan Rose
    3. Betty Elaine Jones
    3 lawyer answers

    If the child was born during the marriage and your husband assumed parental duties of the child, knowing the child was not his, your husband is the legal father of the child and therefore is entitled to parental rights over the child. In this circumstance, if your husband wishes to give up his parental rights, he may not have a legal basis to do so and therefore will be declared the legal father of the child (and entitled to parental rights) unless the biological father files to be recognized...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  8. Can a custodial parent be awarded an increase in child support based solely from my spouses earnings?

    Answered 16 days ago.

    1. Lisa Marie Vari
    2. Betty Elaine Jones
    3. L. Vincent Ramunno
    3 lawyer answers

    Your spouse does not have a legal obligation to support your children from another relationship, but if your spouse is fully supporting you, the money your spouse gives you for living expenses could be considered income to you. At the very least, the court could impute you to minimum wage. It sounds like you should file a counter-petition to decrease your child support payments. In any event, you should consult with a family law attorney in your area to determine your rights since more...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  9. If I don`t respond a Petition for Disolution of Marriage, I am not a resident in Florida , what kind of sanction I will receive?

    Answered about 1 month ago.

    1. William Charles Rosenfelt
    2. Lisa Marie Vari
    3. Robert P Garven
    4. Gregory Thomas Buckley
    4 lawyer answers

    Do not listen to your husband - you need to answer the petition otherwise you may lose rights to your child, property rights, etc. If you do not answer the petition, your husband will win his case by default, meaning because you did not answer, he will get what he is asking for in the petition. You should consult with an attorney in Miami right away to protect your rights.

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

  10. I got married in miami, i haven't seen my husb. For 6 years. I live in Germany, can I filed for divorce here? How long it takes?

    Answered about 1 month ago.

    1. Robert Jason De Groot
    2. Natascha Maria Aabbott
    3. Lisa Marie Vari
    3 lawyer answers

    You should contact a lawyer in Germany to understand the divorce laws there. You or your spouse must have resided in Florida for 6 months prior to the date you file your petition for divorce in order for the judge to be able to grant your petition. So it does not sound like you would be able to obtain a divorce in Miami, unless you know that your spouse lives here. In any event, you do not need to get divorced in Miami just because you married in Miami. Different states/countries have different...

    2 lawyers agreed with this answer

    1 person marked this answer as helpful

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