Separated for 2 years

Aug 8, 2012 by

Question: 

I have filed for divorce, My husband and I have been separated for 2 and a 1/2 years and have been married for a total of 5 and a 1/2 yrs. I do have a lawyer, but feel he is not doing his job, but I could be wrong. My husband wants 50% of the equity that is in the home that is in my name. I have been paying the mortgage and all bills by myself for the past 3 years. Is he entitled to 50%? and also the 2 yr separation mark was this past May, the lawyer tells me that we will have to go to a masters hearing to come up with a settlement and if there’s no agreement we will have to go to a hearing in front of a judge who will decide the settlement. No date yet for the mastres hearing. Should it take this long? I just want to move on with my life and feel like no progress is being made.

State: 
Pennsylvania

Answer: 

Tell your attorney and the court that there is no settlement agreement between you and your spouse and go for that hearing in front of the judge. Pennsylvania is a equitable property division state and there is no automatic presumption that your husband should get 50% of any property at all. Property is not divided 50-50 in your state, it is divided by the judge as to what he feels is fair and equitable. If you have been paying the mortgage and all the house bills for the better part of the marriage (3 years) it is unlikely that a judge would award half of the house to your spouse who is not living in the house, nor paying for it in any way. If your lawyer is dragging his feet, tell him you want to move forward now or you will hire a new lawyer. Lawyers are plentiful and will make deals, and you can probably find a new one to finish up the process at a reduced rate if you ask around. – The Divorce.com Team

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