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Randi Joy Silverman

Randi Silverman’s Answers

1,207 total


  • When you get divorced can the spouse get half of your pension

    Getting divorced and she wants half of his pension

    Randi’s Answer

    If your pension benefits were accumulated while you and your spouse were married and living together, your pension benefit are marital property available for distribution in your divorce. However, the percentage that she recieves will depend on a number of factors. Therefore, your question can only be answered by an attorney who is familiar with your case. I would suggest that you speak with an experienced family law attorney as soon as possible.

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  • How old do I have to be to talk to the judge in the state of PA?

    I live with my dad but I wanna live with my Mom please help me! I am a 13 year old girl and I live with my Dad but he doesn't understand that I need to talk to my mom but he won't ever let me talk to her and I wanna live with her.

    Randi’s Answer

    Your mom needs to speak to an experienced family law lawyer. The lawyer will explain the process that she needs to follow in order to have a Hearing Officer or Judge speak to you.

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  • Can I get full custody?

    My child's father and I split up recently and he decided to take a job where he leaves for 6 months at a time. I was wondering what my chances are on full custody or possibly a 75-25 custody situation for when he comes back. His family does take...

    Randi’s Answer

    There really isn't enough information contained in your question to give you a more specific response. There are several factors that the court must consider and weigh in order to determine the type of schedule that would be in the child's best interest. I would suggest that you speak with an experienced family law attorney in your area.

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  • Do I need to mail a copy of a Petition for Special Relief (Custody) to my ex husband and his attorney prior to the hearing date?

    I filed a Petition for Special Relief (Custody) in Cambria County, PA. There is a custody order that has been in place since 2009 where we share 50/50 custody. The Petition is in response to domestic violence (between my ex and his girlfriend) t...

    Randi’s Answer

    Yes, you are required to serve a copy of the Petition on the father's attorney if he/she is still counsel of record for him. If the attorney has withdrawn as his counsel, you are required to serve the father. Typically, a Certifficate of Service verifying that you served a copy on his attorney is attached to the Petition and a copy is served when you file the original document. However, you can send a copy to the attorney now and then file a Cerifidate of Service separately. You should hire an attorney, but it is going to be difficult to find someone who is available if you wait much longer since you already have a scheduled hearing date.

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  • Will I be able to re-schedule my pre-trial conference until I get a lawyer?

    My estranged husband, who has delusions, mild mental retardaton, and slight paralysis in his hands and arms; is trying to get shared custody of our 2 daughters ages 6 and 20 months. I don't have a lawyer yet due to a misunderstanding and a referra...

    Randi’s Answer

    If you explain the difficulties that you have had in your efforts to hire an attorney and you request a continuance, the Hearing Officer may be sympathetic and agree to reschedule the conference. If the other side objects, it will be up to the discretion of the Hearing Officer. I would suggest that you speak to the other attorney before the conference and that you ask if he/she would be willing to consent. You may have a better chance of getting the continuance of you handle it that way.

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  • Spouse took titles to ensure I don't get any monetary value out of the cars and bike if I file for a divorce. Can he do this?

    Spouse owns 3 cars and a bike that were purchased during our marriage.

    Randi’s Answer

    Not having physical possession of the titles does not prevent you from receiving your marital interest in the value of the vehicles. You should speak with an experienced family law attorney for an explanation of your rights.

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  • What can I do?

    Ex husband was awarded house if he refinanced in his name only within 3mos. After 3mos he needed to contact a trustee and get house sold. It's been 2yrs and house is still in both our names. No trying to refinance or contact a trustee. He is late ...

    Randi’s Answer

    If the terms that you outlined in your question are contained in a written Agreement, you can file a Petition for enforcement of the agreement. Typically, the Agreement also states that if one of the parties violates the terms of the Agreement, they are responsible to pay the other party's reasonable fees, including counsel fees. However, it is up to the Judge's discretion. Based upon my experience, however, counsel fees are rarely awarded in Somerset County. If he will not comply, there is little that you can do other than to retain an attorney and file a Petition.

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  • What happens next? Do I need to refile?

    I left my husband in February 2014. I filed for divorce in June of 2014. He received the divorce papers but never signed them. My attorney also sent him a letter of acceptance and he never responded to that.

    Randi’s Answer

    Since you have an attorney, your questions should be answered by him/her. If your husband was never served with the Complaint, it must be reinstated because it must be served within 30 days of filing. This is a fairly easy process.

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  • What is the best way for me to handle getting out of this marriage?

    My husband left years ago. Filed for divorce, came back several times, stopped the divorce at one point, but ended up leaving again. He won't even speak to me now. We work together. He just looks passed me.

    Randi’s Answer

    The best way to end the marriage is to first seek legal advice from an experienced family law attorney. This is the best way to ensure that you are taking steps that are going to result in the best outcome for you. Also, the process is less frightening when you understand how the court system in your county works. The more information you have, the better protected you will be.

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  • Where do we file

    My boyfriend is currently getting divorced from his wife. We live in PA her and there kids live in WV. He has signed a paper giving her primary custody of there oldest but not the youngest child. She has said she wants to give us the oldest and ha...

    Randi’s Answer

    If the mother will not agree for the children to live primarily with your boyfriend, he will need to file a custody action on WV. I would suggest that he meet with an experienced family law attorney who practices in the county where the case would be filed for more specific advice.

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