Can I file a small claims case against a plaintiff in a divorce matter?

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Can I file a small claims case against a plaintiff in a divorce matter?

I am a defendant in a divorce matter and do not have legal representation. I am getting no where with the plaintiff and his attorney regarding finacial obligations. Can I file small claims against plaintiff for the bills he is not covering as he did not file for equitable distribution?

Asked on August 9, 2012 under Family Law, Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

No, you can not.  Everything that pertains to the marriage must be decided in the divorce action.  Please go and speak with legal auid or find a local bar association that does pro bono (free) work or a local law school clinic. You have rights and you can ask for them as well.  Good luck.


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