Q: When my agreement was made I was living with my elderly father in his home. He has since passed away. In his will the house was given to my brother, sister and myself. The problem for me now is that I must take a mortgage out to give my siblings their equal 1/3 of what the property is worth. My income after my financial obligations is maxed out and does not leave me the ability to pay on a mortgage. In fact, I do not have the ability to find a place to rent if we sold the house outright. The only reason that I was staying afloat was that I did not have a mortgage or rent payment to pay. Unfortunately, this was not considered when I signed a totally one-sided agreement. (Pittsburgh, PA)
A: No one can answer this without looking at the agreement. If the agreement was incorporated and not merged into the divorce decree and the 30-day appeal period has lapsed, any terms agreed upon including alimony are probably binding. An experienced divorce attorney will know whether there is any chance of modification by looking at it.
Q: I was married 5/20/17 in WA to a woman who was living at home and not employed. She contributed nothing to the marriage, although her mother assisted her with moving costs to Pittsburgh. I just started a surgical residency. On 9/5/17 she disappeared when I was at work and went back to WA with her mother, back to exact same situation she was prior to marriage. I attempted over next month to reconcile, and she has remained unreconcilable. She did not work during the 3 months she lived with me. I bought a house with no down payment, only in my name. My bank account is only in my name. I only have 6k in my checking. Is there a way to file for divorce where I would not have to give her anything – like sign a document where we each don’t owe the other anything? She would spend more fighting. (Pittsburgh, PA)
A: There is more information needed to adequately respond and I suggest you consult with a Pittsburgh divorce attorney. Working in your favor is the short marriage (7 months) and not much in assets because you are both just starting out. This does not mean she cannot obtain an award of spousal support from you. She has the duty to work and if she doesn’t the court can impute wages to her at least at a minimum wage level. The short length of the marriage will bode well for you regarding alimony and division of property. However, if it is possible to get her to agree to a simple no-fault divorce, you can get out of this easily. You can offer to pay for it all and have your attorney send her all the paperwork to sign and return. A simple divorce like this is not expensive. Both of you would waive any claim to the other’s property and waive support and alimony. This is commonly done with couples in your situation.
Q. I am a little over a year into a divorce. My ex is not responding to anything so I have to wait 2 years. Will my having a baby with someone else affect my divorce.
A. Under the Alimony statute, marital misconduct prior to separation can be a factor considered by the court with along with 16 others, when the court determines if alimony is appropriate and the amount that should be paid. Some judges don’t consider this factor; however it is in the Divorce Code. If your consummation of the baby occurred after separation, it should not hurt any chance of pursuing alimony if you choose to do so.