Author Archives: Todd Spivak and Rebecca Canterbury

Divorce and Bankruptcy

Posted on September 12 2022 by Todd Spivak and Rebecca Canterbury

My spouse and I both want a divorce. We also need to file for bankruptcy due to our significant debts. What should we do first: file for divorce or file for bankruptcy?

The answer depends on the circumstances of your case, according to a recent article in Lawyers Journal written by Pittsburgh attorney Beth Slaby.

“If the spouses are on amicable terms, it may be best to file bankruptcy first,” she writes. “This allows both to share in the cost of attorneys’ fees and filing fees and could possibly protect them from paying joint debt.”

On the other hand, she writes: “The benefit of filing for divorce first may be that a married couple’s joint income is too high to qualify for a Chapter 7 bankruptcy case, but a person might be able to qualify individually after the divorce is final.”

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).

Call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Last Will and Testament Requirements

Posted on September 12 2022 by Todd Spivak and Rebecca Canterbury

When making your Last Will and Testament, the following factors must be met for it to be deemed a valid legal document under Pennsylvania law:

You must be 18 or older to make a Last Will and Testament.
You must be of sound mind.
Your will must be in writing, containing your signature or mark, or signed by another at your direction in your presence, and the signing must be done in the presence of two witnesses who also sign at the same time.
You must have a date on the will of when it was created and signed.
You must name a person to be the executor of your will. It is recommended that you also name a backup executor, as a contingency in case your first-named person cannot serve (or prefers not to serve) for some reason.
You must list at least one substantive provision. For example, you must leave your property to a named person in your will.

Spivak Law Firm helps people carry out their wishes by drafting their Last Will and Testament and Powers of Attorney. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Teen Mental Health Issues

Posted on August 8 2022 by Todd Spivak and Rebecca Canterbury

Statistics regarding teen mental health are, well, depressing.

More than 30% of high schoolers report persistent sadness.

About 20% say they have seriously considered suicide.

Teenagers may be happy to learn that some social scientists recommend combating these problems by advocating for less homework and later start-times at school.

Teenagers are not getting enough sleep, according to a recent Washington Post article:

“No one questions the benefits of sleep for babies and young children. But teenagers’ brains and bodies are changing and growing just as much as they did in their earliest years. The restructuring of the adolescent brain is pivotal to healthy development – and to a large extent, it occurs during sleep.”

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on child custody and domestic abuse. Call us today at (412) 344-4900 or toll free at (800) 545-9390.

Estate Planning Goals

Posted on August 8 2022 by Todd Spivak and Rebecca Canterbury

What do you want to accomplish by having an estate plan in place? Here are a list of possibilities:

Protecting your spouse if you die?
Helping your children pay for college?
Safeguarding your home and investments?
Donating to your favorite charity?
Ensuring that you have enough funds in retirement?
Selecting caretakers for your minor children if both parents die?
Passing along family heirlooms?

At Spivak Law Firm, we help our clients identify their goals and employ strategies to help achieve them. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Offers Many Clients Flat Fees

Posted on June 21 2022 by Todd Spivak and Rebecca Canterbury

Flat fees are one-time charges for legal services. Unlike retainers, flat fees provide clients certainty for how much their total legal fees will cost.

Flat fees are generally offered if a client seeks legal representation at a court hearing or for drafting legal documents. Flat fees may even include filing fees and travel costs related to the case.

At Spivak Law Firm, many of our clients appreciate that we offer flat fees so they know upfront how much they will need to pay for our representation.

We offer flat fees for many types of cases, including:

PFA hearings
Child support hearings
Child custody conciliations
Preliminary hearings
ICC hearings
Summary trials and summary appeals
Criminal record expungements
Drafting wills and powers of attorney

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

Domestic Abuse: Behavioral Effects On Kids

Posted on April 21 2022 by Todd Spivak and Rebecca Canterbury

Children who witness domestic violence may have the following behavioral effects:

Poor impulse control
Stress disorders and psychosomatic complaints
Increased social isolation or withdrawal
Increased deceptiveness
Aggressiveness
Dependence
Passiveness
Bed-wetting
Nightmares
Lack of creativity and healthy exploration
Feelings of powerlessness
Low self-esteem
Feelings of worthlessness
Confusion and insecurity
Sadness and depression
Poor definition of self
Defines self in parenting role
Ambivalence
Constant fear
Self-blame

Spivak Law Firm handles all areas of family law, including: child custody, child support, divorce, Protection From Abuse (PFA) and Children Youth and Families (CYF).

We provide strong, compassionate, cost-effective representation. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Why Get An Expungement?

Posted on December 31 2021 by Todd Spivak and Rebecca Canterbury

A criminal record can hurt you in many ways. For instance, it may keep you from:

-Landing a job or promotion at work;

-Gaining entrance to a college or certification program

-Qualifying for a loan or government assistance program

The chance of being harmed by a criminal record has increased greatly due to recent technological advancements allowing such information to be easily shared and sold to private companies.

If you have a criminal record, call Spivak Law Firm today to determine if you are eligible for an expungement. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody and Abuse Allegations

Posted on December 31 2021 by Todd Spivak and Rebecca Canterbury

Allegations of sexual or physical abuse of a child may complicate a child custody case.

Courts take child abuse allegations very seriously, often prompting Child, Youth, and Family (CYF) Services investigations and forensic evaluations by medical professionals and law enforcement.

The alleged perpetrator, victim, and relevant third parties are all interviewed.

If the allegations are determined to be “unfounded,” evaluators and caseworkers make recommendations that often include family counseling.

It could take months for CYF to make final determinations, and a court will likely restrict your custody rights during that time.

Spivak Law Firm provides strong, effective advocacy for people facing child abuse allegations.

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

Three Types of PFA Orders

Posted on November 10 2021 by Todd Spivak and Rebecca Canterbury

There are three types of PFA orders in Pennsylvania.

PFA stands for Protection From Abuse.

A PFA is a restraining order that prohibits the alleged abuser from having any contact with the alleged victim.

Under Pennsylvania law, abuse is defined broadly. It includes physical violence, sexual violence, threats of violence, harassment, and stalking.

A person seeking protection from a family member or current or former sexual partner may obtain one of the following three types of PFA orders.

First, an Emergency PFA will last through a weekend or holiday when courts are generally closed. It expires automatically.

Second, a Temporary PFA triggers a hearing date that is supposed to occur within ten days. In Allegheny County and other counties surrounding Pittsburgh, courts grant more than 90 percent of requests for a Temporary PFA.

Third, a Final PFA may be obtained by consent, failing to appear, or after a hearing before a judge. A Final PFA may remain in place for up to three years.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings. For a free consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Despite Harms, Parents Continue to Spank Kids

Posted on November 1 2021 by Todd Spivak and Rebecca Canterbury

Parents should not use physical punishment on their kids, according to the American Academy of Pediatrics.

A growing body of research demonstrates that physical punishment is actually harmful to children.

Spanking and other forms of severe discipline – such as verbally berating or humiliating a child – have been repeatedly linked to behavioral, emotional, psychological, and academic problems.

But spanking is still prevalent in American families and legal in all states.

About two-thirds of Americans agreed that “a good, hard spanking” is sometimes necessary to discipline a child, according to a recent national survey.

Spivak Law Firm handles family law and criminal defense with a special focus on child custody and Protection From Abuse (PFA). To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.