Author Archives: Todd Spivak and Rebecca Canterbury

Preparing for Divorce

Posted on January 3 2017 by Todd Spivak and Rebecca Canterbury

If you are considering a divorce, it is important to have an understanding of your finances before initiating the proceedings.

Without this information, your attorney may have to engage in a costly discovery process to obtain the documents. Having copies of tax returns, utility bills, grocery bills, retirement accounts, bank accounts, and other financial documents could save you a substantial amount of money in attorney’s fees.

Take the time to review your financial documents and understand your marital assets and debts with the help of your attorney.

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.

DUI Law: Blood Tests

Posted on January 3 2017 by Todd Spivak and Rebecca Canterbury

The U.S. Supreme Court in Birchfield v. North Dakota recently declared warrantless blood draws made during DUI arrests unconstitutional. The Court reasoned that a blood draw poses substantial privacy concerns because a blood test reveals more about a person than simply blood alcohol levels.

However, because of the less intrusive nature of breath tests, warrantless breathalyzer tests are still permissible.

Prior to Birchfield, defendants who refused blood testing were regarded as having the highest level of impairment and faced the most severe penalties associated with a DUI offense. But now DUI offenders who previously refused blood testing may now be charged and sentenced as having the lowest level of impairment.

To speak with a Pittsburgh DUI and criminal defense lawyer, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

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.

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.

Served with a PFA On Thanksgiving?

Posted on November 22 2016 by Todd Spivak and Rebecca Canterbury

Thanksgiving is a time to relax and feast with family and friends, but everyone has a relative with whom they don’t quite get along. Spending extended periods of time together could lead to conflict.

If you’re served with a Protection From Abuse (PFA) Order during the holidays, call Spivak Law Firm to speak with an experienced PFA attorney. A PFA is a powerful tool that can evict you from your home, restrict you from your kids, threaten your job, take away your guns, and lead to your arrest.

Many attorneys are not accessible during the holidays, but Spivak Law Firm always remains available by telephone even on Thanksgiving Day. If you’ve been served with a PFA, we understand that you are likely under significant stress. We are here to help.

Spivak Law Firm provides strong, aggressive defense at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny County, Beaver County, Butler County, Fayette County, Greene County, Indiana County, Washington County, and Westmoreland County.

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

Child Custody and the Holidays

Posted on November 21 2016 by Todd Spivak and Rebecca Canterbury

The holiday season is a fun but stressful time for families, especially if the parents have recently separated or divorced.

Straying from tradition during the holidays is difficult, but consider developing new traditions that accommodate your respective holiday schedules.

For instance, if you have the children on Christmas Eve, and your ex has them on Christmas Day, consider exchanging gifts that night. If your ex gets the kids for Thanksgiving this year, consider having your turkey dinner on a different day.

After all, the most important thing about the holidays is spending quality time with family.

Spivak Law Firm handles all family law matters, 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.