Can I fight spousal support and sue for theft in my divorce?

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: 04/07/2025
• State: Pennsylvania

Answer:

You must file an answer to the divorce complaint within the deadline to avoid a default judgment against you. In your answer, you can contest the grounds for divorce stated by your wife. If you can prove that she wasted marital assets, such as through theft, you may influence the court's property division decision. Pennsylvania courts consider adultery when determining alimony, but the decision is subjective and based on the circumstances of the case.

Pennsylvania follows the principle of "equitable distribution," meaning property and debts are divided fairly, though not necessarily equally. The court has significant discretion in these matters, and its decisions are not easily overturned on appeal unless there is clear evidence of abuse of discretion.

To establish abandonment, you must demonstrate that your spouse willfully intended to leave the marriage and severed the relationship. In Pennsylvania, abandonment must last for 12 uninterrupted months and be deliberate and final, with no reasonable expectation of reconciliation.

For alimony, the court considers various factors, including the relative earnings of both parties, the length of the marriage, and any marital misconduct (excluding behavior after separation). Adultery may be a factor in alimony decisions, but abuse is the only misconduct considered from the date of separation. You may also seek to counterclaim for abandonment and adultery in your response to the divorce.

For more detailed legal advice, consider consulting a local attorney who can review your specific situation. Users can search for state-specific legal templates at .