Full question:
My wife got a PFA against me started 9/22/11 it got made temporary 6 mos. they also charged me with assault. I own a business my wife was doing the bookeeping. All my computwers files checks etc. were in the house I have not been allowed to step ont5o the property for 6 months. Long story short. I never hit her my dogs or kids in 21 years of relationship and 17 years of marrage I came back in the area in early DEC she came to the hotel I was at we made love etc. she did lety me in house i slept there a couple times. I had found out about a boy frerind she was on the phone with all the time. She had never said anything about a divorce. She and her family lied to our 13 and 15 year old girls, straight As we own 2 homes 5 cars I'm doing very well , and me that her mom gave her trip to health retreat and she sent the kids to her mothers. Well i found pfove she went to england with her boyfreind. I was at his trasil;or one night she was ther at 445 am. She now has filed for divorce and at support they gave 6,000 a month from me. 1 can I fight spousal support and alimony for adultery 2) I can prove she started stealing money from me before throwing me out and she has stolen way over 100,00 cash while telling the kids they cant have shoes because I spent all our money on drugs. Can I sue her if I get screwed in the divorce. 3) Can I fight the alimony for adultery. I have not answered divorce yet could I counter complaint divorce her for abandenment and adulterey. I have not answered divorce yet could I counter complaint divorce her for abandonment and adultery. PFA hearing was yesterday she tried to get it for another year but they didn't let her differed until assault hearing. It is supposedly agreed that I will plead to harassment get a fine and like a 3month PFA thing. Ofcourse she has the pfa to have elbow room to rob me blind house is almost empty I can prove whats she stolen she also took myt 200K/yr salary for 6-7 months I had no personal checks or business check I was livin on Amex.
- Category: Divorce
- Date:
- State: Pennsylvania
Answer:
Although this service typically only answers one question, we will do our best to address all of your concerns. You must file an answer within the deadline or else the wife may get a default judgment, and automatically win what she asked for in her complaint. In the answer, you may contest the reason (grounds) for the divorce stated in the wife's petition. It is possible to prove a dissipation or waste of marital assets to the court through receipts, etc., which the court has discretion to consider when making a property division award. The court is allowed to consider adultery in making an alimony award. The answer will be a matter of subjective determination for the court, based on all the circumstances involved.
Pennsylvania is a so-called "equitable distribution" state. This means that the division of property and debts between the divorcing parties should be fair and equitable, but not necessarily equal. The trial court's discretion will not be disturbed on appeal without a showing of clear abuse, and the court has wide discretion in making an equitable distribution.
For all practical purposes, desertion and abandonment are one and the same. There are two elements that have to be present in order to constitute desertion: the willful desire or the intent to desert and the cutting off of the marital relationship. In Pennsylvania, the abandonment has:
continued for 12 uninterrupted months;
must be deliberate and final;
beyond any reasonable expectation of reconciliation.
There are two types of desertion-actual desertion and constructive desertion.
*Actual Desertion*
When your spouse packs bags, books, and toothpaste, walks out the door, moves into another apartment, and stays there, he or she is guilty of actual desertion. The spouse voluntarily leaves and has no plans to return except perhaps to pick up a forgotten belonging.
We are prohibited from giving legal advice, as this service provides information of a general legal nature. We suggest you contact a local attorney who can review all the facts and documents involved.
Please see the following PA statutes:
23 Pa.C.S.A. § 3701. Alimony
(a) General rule. — Where a divorce decree has been entered, the court may allow alimony, as it deems reasonable, to either party only if it finds that alimony is necessary.
(b) Factors relevant. — In determining whether alimony is necessary and in determining the nature, amount, duration and manner of payment of alimony, the court shall consider all relevant factors, including:
(1) The relative earnings and earning capacities of the parties.
(2) The ages and the physical, mental and emotional conditions of the parties.
(3) The sources of income of both parties, including, but not limited to, medical, retirement, insurance or other benefits.
(4) The expectancies and inheritances of the parties.
(5) The duration of the marriage.
(6) The contribution by one party to the education, training or increased earning power of the other party.
(7) The extent to which the earning power, expenses or financial obligations of a party will be affected by reason of serving as the custodian of a minor child.
(8) The standard of living of the parties established during the marriage.
(9) The relative education of the parties and the time necessary to acquire sufficient education or training to enable the party seeking alimony to find appropriate employment.
(10) The relative assets and liabilities of the parties.
(11) The property brought to the marriage by either party.
(12) The contribution of a spouse as homemaker.
(13) The relative needs of the parties.
(14) The marital misconduct of either of the parties during the marriage. The marital misconduct of either of the parties from the date of final separation shall not be considered by the court in its determinations relative to alimony except that the court shall consider the abuse of one party by the other party. As used in this paragraph, "abuse" shall have the meaning given to it under section 6102 (relating to definitions).
(15) The Federal, State and local tax ramifications of the alimony award.
(16) Whether the party seeking alimony lacks sufficient property, including, but not limited to, property distributed under Chapter 35 (relating to property rights), to provide for the party's reasonable needs.
(17) Whether the party seeking alimony is incapable of self-support through appropriate employment.
(c) Duration. — The court in ordering alimony shall determine the duration of the order, which may be for a definite or an indefinite period of time which is reasonable under the circumstances.
(d) Statement of reasons. — In an order made under this section, the court shall set forth the reason for its denial or award of alimony and the amount thereof.
(e) Modification and termination. — An order entered pursuant to this section is subject to further order of the court upon changed circumstances of either party of a substantial and continuing nature whereupon the order may be modified, suspended, terminated or reinstituted or a new order made. Any further order shall apply only to payments accruing subsequent to the petition for the requested relief. Remarriage of the party receiving alimony shall terminate the award of alimony.
(f) Status of agreement to pay alimony. — Whenever the court approves an agreement for the payment of alimony voluntarily entered into between the parties, the agreement shall constitute the order of the court and may be enforced as provided in section 3703 (relating to enforcement of arrearages).
23 Pa.C.S.A. § 3702. Alimony pendente lite, counsel fees and expenses
In proper cases, upon petition, the court may allow a spouse reasonable alimony pendente lite, spousal support and reasonable counsel fees and expenses. Reasonable counsel fees and expenses may be allowed pendente lite, and the court shall also have authority to direct that adequate health and hospitalization insurance coverage be maintained for the dependent spouse pendente lite.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.
