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I Think My Spouse is Cheating. Is it a Crime to Spy on Them?

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! You can read the full post, view and subscribe to th...

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My Spouse Wants Me Out. Do I Lose Rights to the House by Leaving?

A prickly issue that may arise when parties separate is who gets to stay in the marital residence during the parties’ separation period. In Pennsylvania, both spouses have a right to be in and/or on a marital property that is owned or rented jointly by the parties. Generally, courts will not evict one party from the residence if the parties a...

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What the New Alimony Law in New Jersey Means for You

On September 10, 2014, Governor Chris Christie signed an alimony reform bill into law, which makes significant changes to the New Jersey alimony statute, N.J.S.A. 2A:34-23. While the new law does not create alimony guidelines, it imposes restrictions on the duration of alimony and provides guidance on when alimony may be reduced, suspended or termi...

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

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 separatio...

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New Jersey Naming Law: Can I Name My Child Anything I Want?

The choice of what to name your child is often a process that parents take great care in selecting—conducting countless Internet searches, pouring over “baby name” books, and researching family histories to find the perfect name for their newborn. While a person’s name, especially a child’s name, is generally viewed as...

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

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... You can read the full post, view and subscribe to the blog by going to http://www.obermayerfamilymatters.co...

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File for Divorce Now—or Wait?

File for Divorce Now—or Wait? Many people struggle emotionally with the decision to file a divorce complaint.  Divorce is not something that anyone pursues lightly. Most people want to be sure that they have exhausted every effort to work issues out with their spouses before they file for divorce. For those people who are struggl...

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Can I Remove My Spouse From Our Home During the Divorce Litigation?

  We know how difficult it is to remain under the same roof with your spouse during a divorce. Generally, during an initial consultation, clients always ask us what is the quickest way to remove his/her spouse from the marital residence. Unfortunately, since generally neither party has a superior right to the home, the answer is that neithe...

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Child Custody: Determining Who Should be the Primary Custodial Parent

Many times the parent who is considered the primary caretaker assumes that he or she will automatically become the primary custodial parent.  In Pennsylvania, this is no longer the case. You can read the full post, view and subscribe to the blog by going to http://www.obermayerfamilymatters.com/

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Common Law Marriage – Fact or Fiction?

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. &n...

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