Re: Financial Abuse

PA has been a no fault divorce state since 1980. In the words of the statute, "the marriage has irretrievably broken down". Most people prefer to proceed on that basis as it is generally easier, less emotionally taxing and less expensive.

There are 2 types of no fault, consent and separation. Consent can be accomplished within 5 months assuming all the property is divided. Separation requires that you be separated for 2 years.

The good news is that inheritance is not marital property. The only exception is that, to the extent you commingled it or gave it to the marriage, you could dilute that protection. Obviously, that could be a big issue.

Regarding exclusive possession, the main way to do that is by proving fear of physical abuse. Emotional abuse is questionable although there is a prohibition against stalking. That is unlikely given your residing in the same house.

You do have issues regarding protection of your credit and your assets given his debt. I strongly recommend that you speak with experienced counsel in the very near future and, upon review of the details, you can be properly advised.

I trust this answers your questions, but feel free to call or E-mail on a free initial basis.

Re: Financial Abuse

There are attorneys in both my Willow Grove and Chestnut Hill offices that will be happy to attempt to answer this at length during a free consultation. If you are interested, please e-mail your name, which of our offices is closer to you, your telephone number and e-mail address to me at: bmoses@dms-lawyer.com and I will pass your information along.