Berman & Asbel, LLP

August 2015 Archives

Judge's decision allows Facebook posts in child custody case

Pennsylvania parents may be interested to learn that a judge has ruled in one child custody case that Facebook posts can be used as evidence. The New York judge agreed that a man can use his ex-wife's Facebook posts to demonstrate that while she has been on vacation in places such as Boston and Italy, he has been the primary caregiver for the child.

Divorce involving infidelity in Pennsylvania

Pennsylvania residents may have heard about hackers releasing contact information of 37 million users who subscribed to a website connecting individuals looking to have an affair. This has unsurprisingly led to a number of individuals seeking a divorce from an unfaithful spouse. However, it's important to note that a spouse's cheating may have no impact on the outcome of a divorce.

The gender that is more likely to want a divorce

While every marriage and every divorce is different, there are some commonalities that frequently occur. Pennsylvania residents may or may not be surprised to find out that women are more likely to initiate the divorce process in opposite sex relationships. Researchers who conducted a survey called 'How Couples Meet and Stay Together" told the American Sociological Association that their findings indicated that women were more likely than men to suggest a divorce.

The initial divorce consultation

Many Pennsylvania residents who are considering getting a divorce have questions about what to expect at their initial divorce consultation with an attorney. Understanding what will occur at the meeting is important as it helps the person to gather needed information to better prepare in advance.

Jurisdiction over child support modification a complex issue

When a couple with children is going through a divorce, the issue of child support often arises. When a child support order is entered in Pennsylvania, either as part of a divorce decree or separately, it is generally not subject to modification unless a change in circumstances occurs.

Estate planning for same-sex couples

Since the Supreme Court ruled in the Obergefell case, same-sex couples in Pennsylvania have had the right to get married and have their marriages recognized in any state. Now, same-sex spouses will be able to take advantage of the estate planning tools that were previously only available to heterosexual married couples.

A look at the celebrity divorce trend

Pennsylvania residents have probably heard about at least one of the big celebrity divorces that was announced over the past few months. So far this summer, couples Gwen Stefani and Gavin Rossdale, Reba McEntire and Narvel Blackstock, Miranda Lambert and Blake Shelton and Ben Affleck and Jennifer Garner have all announced that they were parting ways.

Communicating wishes to next of kin

Although many Pennsylvania individuals may feel uncomfortable about having the end of life discussion, failing to do so can leave a person's next of kin in a difficult and vulnerable position. By including specific instructions or information about where to find such instructions, individuals can ensure that their affairs can be handled after they pass away.

Tips for dividing assets in a divorce

For couples who are considering a divorce in Pennsylvania, it is important to understand the issues surrounding the division of marital property. Community property states, such as Arizona, California and Texas, have different rules for dividing property than Pennsylvania. Therefore, it is especially important for couples who have moved from those states to understand the impact of various financial decisions on the ultimate division of marital assets.

Estate planning checklist in Pennsylvania

There are many documents and other items that everyone should include in their estate plan to ensure that it is as comprehensive as possible. For instance, it should include a will that spells out how assets are to be distributed after the testator passes on. Including a durable power of attorney can be helpful as it allows the named trusted individual to manage the principal's affairs in the event of incapacity.

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