Obermayer Family Matters

Obermayer Family Matters

Making the Most of the Alternate Dispute Resolution Process During a Divorce

Posted in Divorce

More and more divorcing couples are electing to engage in mediation outside of the courthouse in an effort to amicably resolve issues of property division and alimony. This option is often appealing because it can be a faster, more cost effective path to resolving a case. In addition, an amicable resolution can benefit the entire family by avoiding the stress associated with contested litigation. In order to make the most of mediation, the following tips can be helpful: Continue Reading

The Revised U.S. Tax Code’s Impact On Alimony

Posted in Alimony

By now most people are aware of the impending changes to the U.S. tax code brought about by the GOP tax bill, dubbed the “Tax Cuts and Jobs Act,” which Congress voted to pass on December 20, 2017. These substantial changes, which are widely regarded as the most significant overhaul of the tax code in last 30 years, have driven matrimonial attorneys and litigants into a frenzied state as they try to determine the impact of these changes on alimony awards. Continue Reading

Medicaid Expansion May Reduce Medical Divorce Rates

Posted in Divorce

Medical divorce is a term coined some years ago to describe a divorce obtained for medical reasons. More specifically, according to an article by George Diepenbrock, researchers defined “medical divorce” as “an instance where one partner becomes diagnosed with a degenerative disease, such as early onset dementia. The couple could drain its assets, including retirement savings, to pay for treatment. However, some couples instead choose to divorce to shield one person’s assets. The sick partner would eventually qualify for Medicaid.” Continue Reading

Fletcher Cox Case Brings Attention to the Claim of Alienation of Affection

Posted in Divorce, Separation

A lawsuit in North Carolina related to the end of a marriage has garnered a great deal of media coverage lately.  The Charlotte Observer reported that Philadelphia Eagles defensive lineman, Fletcher Cox, is being sued by a Huntersville, North Carolina man.  The suit alleges Fletcher Cox seduced the man’s wife and ruined their marriage. Continue Reading

Are We Headed for Divorce Season?

Posted in Divorce

An article in Medical News Today  highlights a study by University of Washington Associate sociology Prof. Julie Brines and doctoral candidate Brian Serafini that found patterns in the timing of filing for divorce. Specifically, the study found “biannual patterns of filings for divorce – that divorce is seasonal during the periods following winter and summer vacations.” Continue Reading

Parental Alienation in High Conflict Custody Cases

Posted in Custody, Pennsylvania

One of the most challenging aspects of divorce for parents is learning to move past the marital conflict in order to promote a healthy relationship between the children and a soon-to-be ex. All too often, in high conflict divorce, parents lose sight of how their behavior towards one another affects their children. Regardless of how contentious the divorce becomes, it is crucial that parents keep children out of the marital conflict as it can have lasting and damaging emotional consequences for the children and legal consequences for the parent. In recent years, courts have adjudicated an increasing number of custody cases involving parental alienation, which is when one parent consciously or unconsciously undermines and interferes with the children’s relationships with the other parent. Continue Reading

The Trials of Co-Parenting with a Histrionic Personality

Posted in Custody

Co-parenting a child with a divorced spouse is difficult enough, but what do you do when your divorced spouse is diagnosed with histrionic personality disorder? The characteristics of this disorder are that the person exhibits extreme emotions, self-dramatization, self-centeredness, shallow emotions, and constant approval seeking and attention from others.  In most histrionic diagnoses, the person suffering from the disorder is a woman.  Continue Reading

Is The Decision To Divorce Genetic?

Posted in Divorce

Virginia Commonwealth University recently announced the results of a new study examining the battle of nature v. nurture in divorce.  According to the new study, “’Genetics, the Rearing Environment, and the Intergenerational Transmission of Divorce: A Swedish National Adoption Study,’ which . . . analyzed Swedish population registries and found that people who were adopted resembled their biological — but not adoptive – parents and siblings in their histories of divorce.”  Continue Reading