Monthly Archives: December 2016

Divorce Waiting Period Reduced

Posted on December 30 2016 by Todd Spivak and Rebecca Canterbury

The 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?

Posted on December 28 2016 by Todd Spivak and Rebecca Canterbury

Will 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

Posted on December 28 2016 by Todd Spivak and Rebecca Canterbury

Under 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

Posted on December 19 2016 by Todd Spivak and Rebecca Canterbury

Contrary 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?

Posted on December 7 2016 by Todd Spivak and Rebecca Canterbury

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

Posted on December 7 2016 by Todd Spivak and Rebecca Canterbury

Separating 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.