Obermayer Family Matters

Obermayer Family Matters

Category Archives: Pennsylvania

Subscribe to Pennsylvania RSS Feed

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… Continue Reading

Pennsylvania Child Support and Adjustments for Extra Expenses

Posted in Child Support, Pennsylvania, Support
Pennsylvania law requires that child and spousal support be awarded pursuant to a statewide guideline. The state uses a formula to calculate the obligor’s share of basic child support. On top of the basic child support the court may make adjustments to the basic support obligation and may allocate between the parties the additional expenses.… Continue Reading

What are my Custodial Rights and Financial Responsibilities Toward my Eighteen Year Old Child?

Posted in Custody, Pennsylvania, Support
In a few short weeks, many children will be graduating from high school and will embark upon the next chapter of their lives. Whether that choice includes college, trade school, or the work force, as a divorced parent, how does this milestone affect your custodial rights and financial responsibilities toward your child?… Continue Reading

Surrogacy Contracts are Alive and Well in Pennsylvania

Posted in Pennsylvania, Surrogacy
In today’s modern world of technology, how babies are created is greatly different than in the yesterdays of our parents’ world.  Today, there are sperm donors, egg donors, gestational carriers, in vitro fertilization, to name just a few.  While not as common as traditional reproductive methods, technology is probably responsible for a significant percentage of… Continue Reading

Fault Ground Divorces in Pennsylvania

Posted in Divorce, Pennsylvania
Although most divorce complaints filed today allege either Section 3301(c), consensual grounds, or 3301(d), the expiration of a statutory two year separation period, as a reason for the parties’ marriage dissolution, a party to a divorce action still has the option of raising fault grounds under Section 3301(a), if the person raising the fault grounds… Continue Reading

Protecting Gifts or Inheritances in Divorces

Posted in Divorce, Inheritance Rights, Marital Property, Pennsylvania
On numerous occasions, we have been asked how inheritances and gifts are treated in divorces in Pennsylvania.   The first thing you need to understand is how marital property is divided in a divorce. In Pennsylvania, the courts divide marital property through a process called equitable distribution. With regard to gifts and inheritances, marital property does not include… Continue Reading

Dog Owners: Beware of Divorce

Posted in Custody, New Jersey, Pennsylvania, Pets
Divorce takes an emotional toll on all families. For over 60% of the households in the United States, that also includes their pets. While all courts are required to address custody matters involving children, most states are not required to handle custody of the parties’ other children: their pets. For example, Pennsylvania treats pets as… Continue Reading

My Spouse is Having an Affair, Can I Sue the Mistress?

Posted in Divorce, Infidelity, Pennsylvania
You caught your spouse red-handed, you have evidence that your spouse is having an affair, and you are certain that the affair is what’s ruining your marriage—can you sue your spouse’s mistress for interfering with your marriage? No. Pennsylvania, like most states, has abolished claims of “alienation of affection.” Prior to 1990, aggrieved spouses were… Continue Reading

Are You My “Legal” Father? Establishing Paternity in Pennsylvania

Posted in Paternity, Pennsylvania, Uncategorized
With many couples choosing to cohabitate and forgo the tradition of marriage, the number of unmarried fathers has skyrocketed. Last year, the federal government reported that 40.7% of all 2012 births were “out-of-wedlock.” In Pennsylvania, paternity is automatically established if the parents of a child are married, but the same is not true when the… Continue Reading

I have texts and Facebook posts that prove my spouse is cheating. Does this get admitted in my divorce case?

Posted in Infidelity, Pennsylvania, Social Media, Texting, Uncategorized
In a previous blog we posted about a spouses cheating and whether it’s a crime to spy on them. Following up with that post: On many occasions clients have wanted to know if the texts they have or the emails or Facebook posts depicting affairs or obscene behavior of their spouse will help them with… Continue Reading

I think my spouse is cheating. Is it a crime to spy on them?

Posted in Divorce, Infidelity, Pennsylvania, Uncategorized
Unexplained absences, secretive phone calls, late nights at the office – all telltale signs that your spouse may be up to no good. With advances in technology it has become easier and easier for suspicious spouses to snoop on their spouses activities and whereabouts. However, spies beware! In Pennsylvania, criminal wiretapping laws prohibit the interception… Continue Reading

How do I get a “legal separation” in Pennsylvania?

Posted in Alimony, Child Support, Custody, Divorce, Marital Property, Pennsylvania, Separation, Support
You don’t! Unlike several other states, Pennsylvania does not require separating parties to go to court and request that a judge issue a formal decree separating the parties. Rather, separating parties in Pennsylvania may enter in to private agreements, setting forth the terms of their separation. Common issues that arise during the separation period are… Continue Reading

Child Custody: Do grandparents have rights to custody of their grandchildren in Pennsylvania?

Posted in Custody, Pennsylvania, Uncategorized
In 2011, the law in Pennsylvania changed as to the rights of grandparents to have custody of the grandchildren. Grandparents have the right to file an action for ANY form of physical or legal of custody if the following conditions are met: The relationship with the child began with the consent of a parent or… Continue Reading

Common Law Marriage – Fact or Fiction?

Posted in Common Law Marriage, New Jersey, Pennsylvania
Obermayer family law attorney Stephanie Winegrad answers questions about common law marriage in Pennsylvania and New Jersey. In Pennsylvania you can no longer enter into a common law marriage? FACT:  In 2005, Pennsylvania abolished common law marriages prospectively.  Common law marriages entered prior to 2005 are still valid.              … Continue Reading

Marriage Equality: Federal Judge Strikes Down Same-Sex Marriage Ban In Pennsylvania

Posted in Pennsylvania, Same-Sex
The movement for marriage equality made significant headway in Pennsylvania this week, when the Honorable John E. Jones, issued an opinion striking down the state’s ban on same-sex marriage for constitutional reasons. The federal lawsuit brought by 11 gay and lesbian couples, one widow and two teenage children of a same-sex couple was originally filed… Continue Reading