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

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.” Pri...

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

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 ...

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Should I have a Prenuptial Agreement?

A prenuptial agreement is not the death knell of romance! It is a misconception that if you are not a celebrity and do not have millions of dollars, you do not need a prenuptial agreement. Couples from all tax brackets should talk about financial issues prior to their marriage and may benefit from a prenuptial agreement. Although the word “pr...

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

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 their divorces or custody cases. If the info...

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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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