Blog - Spivak Law Firm

Key Time Periods for Divorce in Pennsylvania

Posted on December 18 2015 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania divorce law, there are three main time periods that parties should consider:

Six Months: Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.

90 Days: If you and your spouse consent to a divorce, you still must wait 90 days before the court will grant a final decree.

Two Years: If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period to one year.

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

4 Reasons to Modify Child Support

Posted on December 14 2015 by Todd Spivak and Rebecca Canterbury

Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.

What constitutes a substantial change of circumstances?

Common examples include:

One parent gets more custody time
One parent gets a significant pay increase
One parent gets laid off from work
A child seeks to participate in a new extra-curricular activity

Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.

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

5 Reasons To Fight A Summary Offense

Posted on December 7 2015 by Todd Spivak and Rebecca Canterbury

If you’re charged with a summary offense, fight it. Here’s why:

First, if the police officer doesn’t show up to the hearing, the judge will dismiss it.

Second, if you did not commit the crime, you should never plead guilty just for the sake of expediency.

Third, even if you committed the crime alleged, your attorney may be able to strike a deal. For instance, the charges may be dismissed on condition that you complete community service.

Fourth, even if you’re found guilty at the summary trial, you have the right to appeal within 30 days and get a new trial before a different judge.

Fifth, a conviction will remain on your criminal record for five years before you can even begin the process of expungement.

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

Reduce Waiting Period for Divorce

Posted on November 30 2015 by Todd Spivak and Rebecca Canterbury

If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period for a contested divorce to one year.

Pennsylvania House Bill 380 calls for reducing the waiting period for a no-fault divorce based on separation from two years to one.

Proponents of the legislation say that expediting divorce will enable courts to focus greater attention on child custody disputes.

“Where the divorce is inevitable,” attorney Maryann Modesti testified at a recent meeting of the Pennsylvania House Judiciary Committee, “allowing the family to focus on the challenge of co-parenting as divorced parents is better than the emotional toll of a delay in the divorce litigation.”

Currently many other states impose a short waiting period than two years. For instance: Maryland has a one-year waiting period; New York has a six-month waiting period; and West Virginia imposes no waiting period at all.

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

Domestic Violence on Thanksgiving

Posted on November 25 2015 by Todd Spivak and Rebecca Canterbury

Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.

Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.

Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.

If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings and Constitutional Rights

Posted on November 17 2015 by Todd Spivak and Rebecca Canterbury

A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.

In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.

A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Defending College Students at Summary Trials

Posted on November 16 2015 by Todd Spivak and Rebecca Canterbury

If you’re a college student, the last thing you need is a criminal record. Even a summary offense on your record may limit your employment opportunities before and after graduation.

Spivak Law Firm routinely helps young adults in their late teens and early 20s by providing strong, effective representation at summary trials. Common offenses include:

Disorderly Conduct
Harassment
Retail Theft
Public Urination
Criminal Mischief
Underage Drinking
Defiant Trespass
Animal Cruelty
Loitering
Traffic Violations

If you’re charged with a summary offense, we recommend fighting the charge to avoid a criminal record. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Despite PFA, Man Guns Down Ex-Girlfriend

Posted on November 2 2015 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.

But sometimes a PFA is just a piece of paper.

Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.

Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.

But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.

“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.

Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

“The Terror Is Constant”

Posted on October 31 2015 by Todd Spivak and Rebecca Canterbury

The following is the third of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.

“For a domestic violence victim, the feeling of vulnerability increases after she makes the break. She knows he is angry and she waits for him to show it.

Walking to the mail box, taking out the trash, working in the yard become terrifying. The prospect of unloading groceries from her trunk causes her to sweat.

She drives everywhere with one eye in the rear view mirror and her car doors locked. She never exits the car without her house keys in her hand.

She burns too many lights. She looks out the windows. She wonders if she frantically dials 911 how long a response would take. She asks herself repeatedly which direction she would run if she saw him approaching.

The terror is constant. It takes a toll, physically and mentally.

And for too many women, the threat becomes all too real.”

Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

“I Still Shiver From The Fear”

Posted on October 28 2015 by Todd Spivak and Rebecca Canterbury

The following is the second of three excerpts from a recent column by Nancy Eshelman of the Patriot-News in Central Pennsylvania. Ms. Eshelman’s husband was convicted of voluntary manslaughter in a domestic violence related incident.

“The terror is constant. It takes a toll, physically and mentally.

If I think about it, and I try not to, I still shiver from the fear.

Night after night, unable to sleep, convinced that every passing car, every tree branch blowing in the wind is him.

For a victim of domestic violence, peace is elusive, sleep unknown.

I recall rushing home from work and taking a shower because somehow being naked and alone in the bathroom felt less vulnerable in daylight.

The victim longs to feel normal, but normal is no longer part of her existence.

If she’s a mother, she strives to create a semblance of normalcy for her kids. She helps with homework, but can’t concentrate. She attends their activities, but often misses the action.

Instead of watching her son running up and down the basketball court, she’s scanning the stands, terrified she will see that face, the one that haunts her.

As one woman described it, ‘You become like a guerilla warrior – constantly scanning your surroundings, looking over your shoulder, and jumping at every sound.’

Spivak Law Firm provides strong, compassionate representation in PFA and criminal domestic-violence cases. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.