Monthly Archives: November 2017

Common Divorce Myths

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

When it comes to divorce, many common beliefs are accepted as truths. However, the process of divorce is incredibly complex and every case is unique.

Here are some of the most common divorce myths and why they aren’t always true:

Mom always gets custody: In Pennsylvania, the law does not favor either parent for custody. The judge is required to look at what is in the child’s best interest.
Only women get alimony: Historically, women have been awarded spousal support or alimony more often than men. As more women enter the workplace and change gender roles, it is becoming more common for men to receive some form of alimony. Alimony is generally awarded to the lower earning spouse when there is a significant disparity in incomes.
I don’t need a divorce lawyer: Even if you are on good enough terms with your spouse going into the divorce, you need to make sure you have someone in your corner who is going to ensure your rights are protected.

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.

Pennsylvania Juvenile Law

Posted on November 13 2017 by Todd Spivak and Rebecca Canterbury

Q: My child has been charged with a crime. Can you help?

A: Yes. Unlike the adult criminal system, the juvenile justice system emphasizes rehabilitation over punishment with the ultimate goal of helping children become functioning members of society.

First-time offenders are usually eligible for probation, which may include performing community service and paying restitution.

Spivak Law Firm provides strong defense for juveniles accused of misdemeanor and felony crimes. If you or your child is charged with a crime, call us at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody: Nesting

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

Divorce is a difficult process and the children of divorced parents often find themselves caught up in a situation over which they have little control.

They also have to contend with the idea that their everyday lives will change, whether that is not seeing one of their parents on a daily basis or moving to a different house or location.

Nesting is a new idea in the arena of child-custody arrangements. The children stay in the home while the parents are the ones who leave and return. This allows the children to stay in the home and provides the children with a feeling of permanence. This sense of routine can be helpful to the children at a time of change and turbulence.

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

NFL and Domestic Abuse

Posted on November 8 2017 by Todd Spivak and Rebecca Canterbury

An advocacy group is urging the Cincinnati Bengals to speak out against domestic violence after the team drafted a player who punched a woman in the face.

The Bengals are not the only team receiving backlash. In the 2017 NFL Draft, at least a half-dozen players who have been accused of physical or sexual assaults were welcomed to the NFL.

By ignoring these issues, the NFL encourages the cycle of violence and undermines the importance of protecting domestic-abuse victims, according to the group.

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 ortoll free at (800) 545-9390.

PFA Consequences

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

Because courts overwhelmingly grant Protection From Abuse (PFA) orders, the system itself is frequently abused by people seeking leverage in divorce and child-custody actions.

In fact, the mere accusation of abuse can devastate a person’s life and reputation.

In Pennsylvania, a PFA can:

Evict you from your home;
Take away your firearms;
Appear on your permanent record;
Prevent you from seeing your children; and
Result in serious criminal charges.

Spivak Law Firm provides strong, aggressive defense at PFA hearings. We have successfully defended many people whose careers were at risk, including; police officers, corrections officers, homeland-security officers, teachers, and nurses.

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on domestic violence and Protection From Abuse (PFA). Call us at (412) 344-4900 or toll free at (800) 545-9390.

Resisting Arrest Penalties

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

Pulling away from an officer attempting to arrest you could be enough to sustain the charge of resisting arrest, which is usually filed in addition to the charges for which the police were arresting you.

Resisting arrest is a second-degree misdemeanor, which could result in up to two years in prison and as much as a $5,000 fine.

Spivak Law Firm handles all criminal defense matters, including: preliminary hearings, summary trials, and expungements. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Penalties for Failing to Appear in Court

Posted on November 7 2017 by Todd Spivak and Rebecca Canterbury

If you’ve been sued for child custody, you must attend all scheduled court appearances. The following are potential consequences for failing to appear:

The court may hold you in contempt for violation of a court order;
The court may dismiss your case;
The court may rule in favor of the other party.

Custody litigation is often time-consuming and stressful. Spivak Law Firm understands that many parents have busy work schedules that do not allow them to appear in court. There are some court appearances that your attorney may be able to attend on your behalf.

Spivak Law Firm handles all family law matters, including: divorce, child custody child support, spousal support, and PFAs. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Is Your Ex Always Late At Custody Exchanges

Posted on November 1 2017 by Todd Spivak and Rebecca Canterbury

Is your ex routinely late for custody exchanges? Does it affect your own plans with the children? Does it make your blood boil and spark arguments?

Well, there may be an easy fix to solve the problem.

For instance, instead of meeting halfway, you might seek a custody order that requires the person coming into custody to provide all the transportation. Or, if the problem persists, you could seek a court order stating that a parent with more than ten minutes late to an exchange forfeits custody time.

Spivak Law Firm handles all child custody matters, including: trials, conciliations, motions, relocation hearings, and drafting orders specially tailored to your family. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Marijuana Laws in Pennsylvania

Posted on November 1 2017 by Todd Spivak and Rebecca Canterbury

Criminal charges for possessing marijuana may not seem as serious as other offenses, especially since it is legal in over 20 states. But in Pennsylvania, marijuana-related crimes are still often treated with the same severity as other drug crimes.

Federal law classifies marijuana as a Schedule I drug, which means that it is considered among the most addicting drugs, such as heroin, and has no medical benefits.

Spivak Law Firm advocates for the legalization of marijuana and more research into the medicinal benefits of the drug for people suffering from multiple sclerosis, cancer, and other debilitating diseases.

If you face drug possession charges, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.