Spivak Law Firm

Based in Pittsburgh, PA

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Yearly Archives: 2016

Divorce Waiting Period Reduced

 

expunge-pic4The Pennsylvania State Senate recently passed an amendment reducing the separation period for no-fault divorces to one year. Prior to this amendment, if your spouse would not consent to a divorce, you had to wait a period of two years before requesting a final decree.

Once Governor Wolf signs the bill, the reduced waiting period will take effect within 60 days. However, the reduced waiting period will only apply to divorces filed after the effective date of the law. It is not retroactive.

If your spouse will not consent to a divorce, and you have not yet filed, you may consider postponing filing until the law goes into effect.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and Protection from Abuse (PFA) hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce: Who Gets The House?

 

family-pic3Will I lose the house in the divorce if I move out?

Under Pennsylvania law, the marital residence is subject to division if it is considered marital property, which is defined as property acquired during the marriage and before final separation.

If your ex moves out at separation, you likely stand a better chance of staying in the home; however, you may later have to pay your ex a share of the home’s equity value.

Keep in mind that even if you acquired the house before marriage, your ex will share in any increases or decreases in the value of the property.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Dividing Marital Property

 

ConflictUnder Pennsylvania divorce law, marital property is divided through a process known as equitable distribution. Marital property includes property acquired during the marriage, such as: houses, cars, retirement accounts, jewelry, artwork, etc.

To save significant time, stress, and money, you may bypass the formal equitable distribution process by reaching agreement on the distribution of marital assets through a written Marriage Settlement Agreement.

Spivak Law Firm handles divorce, equitable distribution trials, and the drafting of Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Kids’ Choice

 

dandelion wishing blowing seedsContrary to popular belief, Pennsylvania courts generally do not determine child custody schedules based on the preference of the child.

Pennsylvania follows the “best interest of the child” standard. The well-reasoned preference of the child is only one of sixteen factors considered by the judge, and it may not be weighed at all if the child is deemed too young or immature.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, and Protection from Abuse (PFA). To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Accused of Domestic Abuse?

 

Are you accused of domestic violence or child abuse?

Have you been served with a Protection From Abuse (PFA) Order?

Have you been arrested or cited by police?

Are you under investigation by Children Youth and Families (CYF)?

Is your ex seeking sole or primary physical custody of your children?

Is your ex trying to terminate your parental rights?

Spivak Law Firm handles all areas of family law and criminal defense with a focus on cases involving child custody and domestic violence.

We provide strong, aggressive defense at Protection From Abuse (PFA), Children Youth and Families (CYF) and criminal domestic violence hearings.

We fight back against heinous abuse allegations, protecting your reputation and preserving your child-custody rights.

Our child custody cases are high-conflict with parents who communicate poorly, make false accusations of neglect or abuse, and seek to alienate the other parent from the children.

Our PFA cases are high stakes with parents who risk losing their children, their homes, their liberty, and their employment. We have successfully represented police and military officers, nurses, teachers, and other professionals subject to criminal background checks. For these people, their careers are on the line.

If you’ve been falsely accused of abuse, call Spivak Law Firm today. We treat our clients with dignity and compassion. We build the strongest possible defense so you can get your life back.

For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Divorce and Child Custody

 

family-pic4Separating from your spouse when there are children involved can be emotionally draining.

If you intend to pursue a shared custody schedule, ideally you should plan to relocate to an area within the school district where your children currently attend. You should also find a residence to comfortably accommodate you and your children.

If you moved out of the marital residence and provide support to your spouse, maintaining your own residence can be a huge financial burden. If you are temporarily living with friends or family or are living in a residence outside of the children’s school district, this doesn’t necessarily hurt your chances of obtaining shared physical custody. However, you should eventually establish a more permanent residence to properly accommodate you and your children.

Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, and PFA hearings. To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Served with a PFA On Thanksgiving?

 

pfa-pic1Thanksgiving is a time to relax and feast with family and friends, but everyone has a relative with whom they don’t quite get along. Spending extended periods of time together could lead to conflict.

If you’re served with a Protection From Abuse (PFA) Order during the holidays, call Spivak Law Firm to speak with an experienced PFA attorney. A PFA is a powerful tool that can evict you from your home, restrict you from your kids, threaten your job, take away your guns, and lead to your arrest.

Many attorneys are not accessible during the holidays, but Spivak Law Firm always remains available by telephone even on Thanksgiving Day. If you’ve been served with a PFA, we understand that you are likely under significant stress. We are here to help.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Greene County, Indiana County, Washington County, and Westmoreland County.

For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and the Holidays

 

custody-pic3The holiday season is a fun but stressful time for families, especially if the parents have recently separated or divorced.

Straying from tradition during the holidays is difficult, but consider developing new traditions that accommodate your respective holiday schedules.

For instance, if you have the children on Christmas Eve, and your ex has them on Christmas Day, consider exchanging gifts that night. If your ex gets the kids for Thanksgiving this year, consider having your turkey dinner on a different day.

After all, the most important thing about the holidays is spending quality time with family.

Spivak Law Firm handles all family law matters, including divorce, child custody, child support, and Protection from Abuse (PFA). To speak with an experienced family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Post-Gazette Features Spivak Law Firm

 

sq2The Pittsburgh Post-Gazette has once again featured Spivak Law Firm on issues involving family law and criminal defense.

The P-G recently published the article, Clean The Slate In Pennsylvania: The Commonwealth Should Make It Easier To Expunge Criminal Records And Give People A Fresh Start In Life, written by attorneys Todd Spivak and Rebecca Canterbury.

The Post-Gazette routinely features Spivak Law Firm, publishing several articles of important legal commentary on Protection From Abuse (PFA), child custody, and criminal-record expungement laws in Pennsylvania.

In Clean The Slate, Attorney Spivak and Attorney Canterbury critique a new Pennsylvania law that for the first time seals criminal information from public view for people convicted of second- and third-degree misdemeanors.

In Impoverished Parents Deserve Their Day In Court, Attorney Canterbury reveals how exorbitant filing fees in Allegheny County prevent low-income parents from asserting their child-custody rights.

In Crack Down on Domestic Violence in Allegheny County, Attorney Spivak recommends that only specialized judges with extensive domestic-violence training oversee PFA hearings.

In Improve Pennsylvania’s Domestic-Abuse Law, Attorney Spivak exposes the issue of bogus PFA orders and recommends ways to curb abuses in the system.

In Child Custody for Rapists, Attorney Spivak explains how sexual predators use family court to harass and intimidate their victims.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Pennsylvania Expungement Law: Clean The Slate

 

expunge-pic5Attorneys Todd Spivak and Rebecca Canterbury recently published an important article in the Pittsburgh Post-Gazette spotlighting a new Pennsylvania law that for the first time seals criminal records from public view for people convicted of second- and third-degree misdemeanors.

At Spivak Law Firm, we advocate for expanding options for expungement and record-sealing to help people shed the stigma of a criminal record so they can access better jobs, housing, and other basic rights and privileges. Our article, entitled Clean The Slate In Pennsylvania: The Commonwealth Should Make It Easier To Expunge Criminal Records And Give People A Fresh Start In Life, is reprinted here in its entirety:

Pennsylvania offers virtually no relief for people to shed the stigma of a criminal record that denies them access to employment, housing and government benefits.

Fortunately, the commonwealth is taking a step in the right direction as a new law takes effect Monday that for the first time seals criminal records from public view for people convicted of some second- and third-degree misdemeanors, so long as they completed their punishments and stayed free from arrest for 10 years.

It’s an important law, but it does not go nearly far enough.

Historically, Pennsylvania has offered two legal pathways for concealing a criminal record.

First, you could petition the court for an expungement, which completely erases criminal information from public view. But expungements are offered in very limited cases, such as charges resulting in dismissal and convictions for low-level summary offenses such as public intoxication and speeding tickets.

Second, you could seek a pardon from the governor, which restores all rights lost due to a criminal conviction, including voting rights. But a governor’s pardon is hardly a viable option for most offenders, as the process can take years, cost many thousands of dollars in attorney fees and has a dismal success rate of less than 20 percent.

On average, fewer than 100 people receive a governor’s pardon in Pennsylvania each year, whereas more than 40,000 expungements are granted annually.

The new record-sealing law affords far less protection than a pardon or an expungement because the criminal information will remain accessible to law enforcement and state-licensed agencies, such as occupation boards and child-care facilities.

Moreover, the new law excludes all people convicted of felonies, as well as sexual and violent crimes.

Thus, Pennsylvania still offers no relief for people who, say, were convicted of assault for starting a bar fight at age 21 but served their sentence and went another 30 or 40 years without another arrest or incident.

The importance of second-chance reforms cannot be overstated.

Three million Pennsylvanians have a criminal record, comprising 30 percent of the adult population. They are parents of about half the state’s children.

A criminal record can have life-long collateral consequences, restricting access to the most basic rights and privileges, such as employment, housing, public benefits, bank loans, voting privileges, government contracts and child-custody rights.

Employment is considered the single most important influence on decreasing recidivism. Studies show that job applicants who reported having a criminal record were 50 percent less likely to receive a callback or job offer.

During the last five years, nearly half the states passed more than three dozen laws aimed at sealing or expunging criminal records so low-level offenders don’t continue to suffer for minor offenses, according to the Vera Institute for Justice.

Pennsylvania should follow the lead of other states that offer broader pathways for relief.

For instance, earlier this year Kentucky for the first time authorized expungement and restoration of voting rights for nonviolent felony convictions. Missouri and New Jersey significantly reduced waiting periods to expunge felony and misdemeanor convictions. New Jersey went so far as to ensure automatic and immediate expungement of non-conviction records.

By contrast, Pennsylvania requires people to petition the court, pay filing fees and wait about a year to erase a criminal record even though charges were dismissed or withdrawn. People who fail to seek expungement remain burdened by a criminal record that can significantly inhibit employment prospects.

Pennsylvania should join roughly half the states, as well as many major employers, such as Walmart, Starbucks and Facebook, that have adopted ban-the-box policies, which removes the conviction-history question on job applications and delays background-check inquires until later in the hiring process. Research indicates that employers are more willing to hire applicants after first examining their qualifications for the job.

The Pennsylvania Legislature is considering two bills that would further expand options for expungement and record-sealing. These so-called clean-slate bills would automatically and immediately seal non-conviction records such as withdrawals, dismissals and not-guilty verdicts. They would automatically seal records after 10 years for most misdemeanor convictions. They would eliminate the exception that allows occupational- and state-licensing boards to view sealed records.

In addition, the clean-slate bills would save money for taxpayers by reducing criminal-justice costs and increasing tax revenues as more people get back to work. More important, they would improve public safety by giving offenders a fresh start that enhances their prospects of finding employment and living crime-free lives.