Allegheny County Family Law Firm
When it comes to divorce, many common beliefs are accepted as truths. However, the process of divorce is 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 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.
You may think that the conversation you are carrying on in the halls of Family Court will not get back to your judge. But there are eyes and ears everywhere in the courthouse, and news travels fast.
A flippant comment made out of frustration may be relayed back to the judge, which could hurt your case. Even worse, if your behavior rises to the level that security is called to calm you down or escort you from the courthouse, it could taint the way the judge views you and your case.
You never know who is listening in on your conversation, so be respectful at all times.
Spivak Law Firm handles all family law and criminal defense matters. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
You may avoid mediation, court hearings, and costly attorney fees by simply negotiating a Marriage Settlement Agreement with your ex.
At the time you finalize the divorce, you may ask the court to merge the Agreement into the final divorce decree. The Agreement becomes a contract between you and your ex. If your ex violates its terms, you may remedy the violation by seeking damages.
Keep in mind that it is easier to address violations of the Agreement if it has been incorporated into the final decree. When incorporated, it becomes an official court order that may be enforced through contempt powers of the court.
Spivak Law Firm routinely handles divorce, equitable distribution, and drafting Marriage Settlement Agreements. Call us at (412) 344-4900 or toll free at (800) 545-9390.
At Spivak Law Firm, we provide strong, aggressive defense at Protection From Abuse (PFA) hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Fayette, Indiana, Mercer, Washington, and Westmoreland.
Our clients often ask us if the alleged victim will face any consequences for lying or exaggerating to the court in order to obtain the Temporary PFA order.
Unfortunately, in our experience, the answer is: no.
People falsely accused of abuse may file a complaint with the police, but the district attorney’s office is unlikely to prosecute for fear of having a chilling effect on other people seeking protection.
Even in extreme circumstances, district attorney’s offices rarely prosecute plaintiffs who have filed repeated PFA petitions in multiple counties with outrageous, unsubstantiated accusations that are later dismissed.
It is commonly known that some people abuse the PFA system in order to gain leverage in a divorce or child custody action.
At Spivak Law Firm, we handle all family law and criminal defense matters, including: PFA defense, criminal domestic violence defense, divorce, child custody, child support, and criminal record expungements.
To schedule a free consultation with an experienced PFA defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce can be a difficult experience for many children.
By focusing on your child’s best interest, you can ensure that they are cared for just as well as if you and your spouse were still together.
Here are three tips for maintaining your child’s best interest during divorce:
- Encourage your child not to take sides. Don’t blame your spouse for the divorce in front of your child. Instead, remain respectful about and to your former spouse in front of your child.
- Avoid leaning on your child for emotional support. If you need help dealing with the emotional burden of divorce, turn to a counselor or therapist. Your child will have a difficult enough time dealing with his or her own emotions without feeling responsible for yours.
- Hire an experienced family lawyer. Navigating the divorce process can be overwhelming and stressful. A knowledgeable family attorney understands how choices made in the legal process can affect life afterwards.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal 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.
A: If you suspect that your spouse is hiding or misrepresenting the value of marital assets, your divorce attorney can investigate by initiating a formal discovery process.
Divorcing spouses are required to exchange documentation proving the value of marital assets, the amount of marital debt, and the incomes of both spouses. The discovery process compels the spouse to release all relevant documentation regarding marital assets, debts, and income.
Although discovery can be time-consuming, it is sometimes necessary to uncover a spouse’s hidden assets.
Spivak Law Firm provides experienced counsel to help you navigate the divorce process in a way that protects your interests. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Alimony represents the payments a higher-earning spouse makes to a lower-earning spouse after their divorce has been finalized.
Historically, the spouse making the payments could deduct alimony on his or her taxes. The spouse receiving the payments had to include the income for tax purposes. Thus, the paying spouse received a tax benefit.
Under the new law, which takes effect on January 1, 2019, alimony payments will no longer be deductible for the payor nor taxable for the receipient. Thus the spouse receiving the alimony payments will also get the tax benefit.
If you are considering a divorce, it may benefit you to wait for the new tax law to take effect or to finalize your divorce in advance.
Spivak Law Firm handles all areas of family law, including: divorce, child custody, child support, spousal support, alimony, division of assets and debts, and Protection From Abuse (PFA). To schedule an appointment, call (412) 344-4900 or toll free at (800) 545-9390.
Divorce can be emotionally painful and traumatizing, especially for children.
Here are tips for protecting your kids as you go through divorce:
- When you break the news to your children, be prepared to comfort and reassure them.
- Encourage your children to be honest with their thoughts and feelings.
- Provide consistency and routine for your children to avoid major disruptions in their school and social life.
- Try to avoid major changes and transitions so your children have time to adjust.
Spivak Law Firm handles all family law matters, including: divorce, child custody, child support, spousal support, Protection From Abuse (PFA), and Children Youth and Families (CYF). To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Despite the fact that you and your spouse have decided to divorce, both of you equally share in the right to occupy the jointly owned residence. Living together while separated can be difficult. But know that you have options.
If you or your children are subject to violence or threats of violence by your ex, you may seek a Protection from Abuse (PFA) Order, which will immediately evict your ex from the residence.
If there is no abuse present, but living together is unbearable, you may petition the court for exclusive possession of the marital residence. The court may award you temporary possession of the marital residence pending final distribution of all marital 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.
Spivak Law Firm supports efforts to enact a federal Equality Act, providing civil-rights protections for LGBTQ communities throughout the United States.
Pennsylvania lags behind many other states in ensuring basic protections for LGBTQ residents.
For instance, there are no statewide non-discrimination protections for LGBTQ Pennsylvanians, exposing thousands of people to termination from their jobs or eviction from their homes merely for identifying as LGBTQ.
Based in Pittsburgh, Spivak Law Firm provides strong, compassionate, cost-effective representation in all family-law and criminal-defense matters. To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.