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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 117361
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My husband committed an adultery. Both of us do not have enough

Customer Question

My husband committed an adultery. Both of us do not have enough money for a divorce. We have a n agreement that he will remit me money every two weeks and he also wrote post dated checks for one year and 2 months before the year ends he will write post dated checks again for a year. We went to the Notary Public to make it legal. Somehow the first check can not be cashed because he did not work. Now he has been avoiding me. I have large amount of mortgage payment, bills he accumulate before he left. We have the agreement notarized in Pennsylvania because we reside in Pa. But both of us work in New Jersey. I still reside in Pennsylvania and he moved in New Jersey. How and what state can I apply to have his salary garnish. Where to get a form. How do I go about it?
Submitted: 7 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 7 years ago.
Because there is no court order, you would first have to file a suit against him for breach of contract (which is what this is) before you could get any garnishment. The fact you are not divorced or even legally separated is another problem. Since you cannot get a garnishment without a court order, you can go to legal aid in PA and seek their assistance in pursuing the divorce and also call the PA state bar and ask them for the names of some pro bono attorneys in your area that would assist you.

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