What are my rights for the possessions? I bought\n In this relationship.: Well , I want to get my personal belongings and what I bought to the relationship out of her house
Jeanné’s answer: The answer to this question depends on whether you are married. If you are NOT married, then you will need to file a complaint against her in the local magisterial district court in which she resides. If you ARE married, then you will need to first file a divorce complaint with a claim for equitable distribution. Then you could file a petition for special relief seeking the return of certain property now pending final equitable distribution of the marital estate.
Relinquish of parental rights in pa: I have a standing custody order but I got charged with a dui and then my ex filed a pfa. My lawyer said to just agree to it and I did. She told the court that she had filed a custody case during this time. Yet she never did i made the hard decision of wanting to relinquish my rights as the children had no interest in seeing me at all. I want to know what paperwork to file to start this process but can't seem to find which petition to for at the court and the last at the court said I can't do it without a lawyer. Is this true because I thought you could represent yourself.
Jeanné’s answer: You cannot formally relinquish your rights permanently unless your parental rights are terminated, which is typically done through an adoption case wherein a step-parent would adopt in your place after you consent to the adoption. This is really the only way to terminate yourself as a parent. Otherwise, even if you don't seek custody rights you are still liable for child support. You can file a child custody complaint without an attorney. It's always best to have representation, but it is not mandatory for child custody proceedings.
Can a 2009 divorce filing be used to establish the date of separation in a new 3301(d) action?:
I am inquiring on behalf of my fiancé regarding a contested divorce in Allegheny County. He has a prior divorce filing from 2009 (and another in 2023), but the defendant has consistently refused to sign.
He is now moving forward under Section 3301(d) (Irretrievable Breakdown with one-year separation). We are seeking representation to file a motion to cement the 2009 filing as the legal date of separation. We have documented proof of separate households, including the 2009 court record and lease agreements from 2020 to present. Additionally, the defendant has already signed a waiver of spousal support.
We want to know if local firms typically handle this specific litigation on a flat-fee basis and what the typical timeline looks like for such a motion.
Jeanné’s answer: All of the proof you mentioned, including proof of prior divorce filings, can certainly be entered as evidence at a hearing, but the separation date will still need to be determined by the court if there is no agreement. Your fiancé should retain an attorney to handle the entire case if it is a contested divorce. If the only issue is divorce (no economic claims), attorney fees will definitely be less than if economic claims need to be litigated. It is uncommon to retain an attorney to file only one motion to establish the separation date. In such a case, the attorney will need to file a limited entry of appearance to notify the court that the attorney's sole involvement in the case is to handle the one motion, not any other issues. However, if I was to be retained by your fiancé for the sole purpose of representation relating to the filing and resolution of a motion to determine the separation date, I would personally charge a flat fee to draft the motion, a separate flat fee to reply to any answer to the motion filed by the other side, a separate flat fee for any conferences scheduled by the court relating to the motion, a separate flat fee for any hearings scheduled by the court relating to the motion, and, and a separate flat fee for any briefs or memorandums of law requested by the court before it decides the motion. In my view, the contingencies associated with filing a motion make quoting a single flat fee to handle the whole process problematic, unless the fee is large enough to account for all possible contingencies.