Spivak Law Firm

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Monthly Archives: June 2014

Introducing Evidence at Your PFA Hearing

702075.TIFMany Protection From Abuse (PFA) matters are “he said, she said.” Any supporting evidence, including other witnesses (especially non-related witnesses) and documentary evidence, can go a long way toward prevailing at the PFA hearing. If there are photos, emails, or text messages, make sure that they have been printed, as many judges are not willing to scroll through a party’s cell phone. If there is a voicemail, make sure you have a way for it to be played in Court.

If there is no other supporting evidence, the Court decides whether to grant the PFA based on which party’s testimony appears more credible. In other words, the Court may make a “gut decision” about who is telling the truth.

To learn more about how to prepare for your PFA hearing, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Allegheny County Increases Custody Filing Fees

Little girl wearing sundress holding flowersSeeking custody of your children isn’t cheap.

Earlier this year, fees associated with filing a custody action increased dramatically. For instance, the fee for filing an initial custody complaint soared from $232.50 to $325. The fee for filing a divorce complaint with a custody count jumped from $271 to $363.50. The fee for filing a petition for custody modification swelled from $200 to $250, and the fee for filing a custody complaint after a divorce action has been filed spiked from $108.50 to $220.50. Additionally a new fee of $200 will be assessed for reinstating a custody action.

In Allegheny County, all fees for custody actions are collected by the Department of Court Records on the first floor of the City County Building, 414 Grant Street, Pittsburgh, PA 15219. In some cases involving low-income parties, custody filing fees may be waived by the Court.

To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

What Is A Simple Will?

A simple will is the most common type of will today. These wills are not joint wills, as they serve only for one person.

A simple will is a single piece of documentation that describes your wishes. When this type of will is used, it states that the document is your will. It lists your beneficiaries, including any charities, and their addresses and birth dates. In addition, it names the executor of your will and possibly a secondary executor, in case the first cannot provide for you. It also includes your directions for who will care for your children and your property, as well as distribute your assets as you direct.

To have a Pittsburgh attorney draft your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Shielding Kids In High-Conflict Divorce

102719637Parents who do not engage in physical violence but do engage in hostile communications must understand the negative impact of such conduct on their child. Every effort should be made to shield the child from the hostilities. Proposing that all communications be by email or text is one way to do so; however, it is often necessary to put boundaries around such communications.

When it is financially viable, parents in high-conflict situations should use the expertise of skilled practitioners in co-parent counseling and meet regularly to address ongoing issues.

To speak with an Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Summary Offenses Can Carry Stiff Penalties

133338146Although a summary offense is low-level crime, you should seriously consider retaining an experienced criminal defense attorney to fight the charge because a conviction can have long-lasting adverse effects.

Summary offenses may carry stiff penalties, including fines and up to 90 days in jail. Additionally, you cannot even begin the process of expunging a summary offense from your criminal record for five years.

To speak with an experienced summary trial and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.