Family Law

Divorce Process In Pennsylvania

Posted on January 24 2020 by Todd Spivak and Rebecca Canterbury

In Pennsylvania, most divorce cases proceed with litigation in which each spouse retains an attorney to represent his or her interest.

There are many opportunities to negotiate a settlement agreement resolving all economic claims.

If there are significant assets and debts in the marital estate, the attorneys will often engage in discovery – a formal process for obtaining all the relevant information.

Each side will file an inventory of their marital estate with the Court, then assign values to each asset and debt based on financial documentation.

If necessary, a family-court judge will attempt to mediate a settlement between the spouses. If no agreement is reached, there will be a hearing to determine a fair division of the marital estate.

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

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

PFA And Guns: Law Requires Police Involvement

Posted on January 22 2020 by Todd Spivak and Rebecca Canterbury

Pennsylvania has adopted tougher rules for guns in domestic-abuse cases.

A new law requires that people subjected to a Final Protection From Abuse (PFA) order must turn over their guns to police.

PFA defendants will not longer be able to merely let a family member or friend take possession of the firearms.

For years, Pennsylvania’s “third-party safekeeping” provision allowed PFA defendants to choose a person to hold onto their guns. Police would run a criminal-background check to ensure the person was permitted to possess firearms.

During legislative hearings, the Pennsylvania Sheriffs’ Association expressed concerns about the cost of storing guns.

Spivak Law Firm provides strong, aggressive representation at PFA hearings and all criminal domestic-violence hearings. We routinely handle PFAs and PFA violations, as well as criminal cases alleging simple assault, harassment, stalking, reckless endangerment, and terroristic threats.

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

Child Custody: Kids Thrive In Routines

Posted on January 22 2020 by Todd Spivak and Rebecca Canterbury

Between school life and home life, children of divorce need the consistency of a routine. The day-to-day life of a child is important to their overall development, and studies show that having structure at home is linked to academic success.

Having a routine can also help a child maintain a sense of normalcy despite the chaos of divorce.

Maintaining a set homework time and bedtime are two routines that can provide normalcy to a child.

In addition to routine, hiring an experienced divorce attorney can help you create a child custody plan that works for your family.

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.

What Is Child Support?

Posted on January 6 2020 by Todd Spivak and Rebecca Canterbury

Child support is money a parent pays to help provide food, clothing and other things for his or her child.

Child support may include:

Medical support
Payment of uncovered medical bills
Contributions to child-care costs
Contributions to extra-curricular activity expenses

The amount of child support you owe or are entitled to receive depends on a variety of factors, such as the number of children, the child custody arrangement, and how much income each parents earns.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, and Protection From Abuse (PFA).

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

Divorce: Cheating Spouses

Posted on January 6 2020 by Todd Spivak and Rebecca Canterbury

Divorce often occurs when there are allegations of cheating.

But proving such allegations rarely affects the divorce process.

Under Pennsylvania law, there is no need to prove fault to obtain a divorce.

You might still have to pay alimony to your ex, even after proving that he or she engaged in an extra-marital affair that led to the divorce.

At Spivak Law Firm, we provide strong, compassionate, cost-effective representation in all areas of family law, including: divorce, child custody, child support, spousal support, alimony, counsel fees, and dividing assets and debts.

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

PFA Orders Restrict Child Custody Rights

Posted on December 24 2019 by Todd Spivak and Rebecca Canterbury

Q: I was served with a PFA. Can I see my kids?

A: Please review the PFA order closely. There is a section in the PFA that addresses your child custody rights while the order remains active.

In many cases, the order states that the defendant shall have no contact with their minor children until the PFA is resolved. This may occur even if the allegations of abuse do not involve the children.

In other cases, the PFA order will allow contact with the children on a limited basis, including by phone or in person if arranged by a third party.

You must follow the PFA order. If you are accused of violating the PFA even by having non-threatening contact, you may face arrest and criminal charges.

Spivak Law Firm handles all areas of family law and criminal defense with a special focus on domestic violence and child custody. To schedule a consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Prohibits Even Friendly Contact

Posted on December 16 2019 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is granted based on allegations of abusive contact. This includes physical abuse, sexual abuse, threats of abuse, harassment, and stalking.

Once a PFA Order becomes effective, it prohibits all contact with the alleged victim.

Even non-abusive contact is strictly forbidden.

People are commonly arrested for violating PFAs by simply texting them a message that is well-intended and non-threatening.

But even a non-threatening, technical violation of a PFA may result in your arrest.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings in Pittsburgh and all surrounding counties, including: Allegheny, Beaver, Butler, Cambria, Crawford, Fayette, Indiana, Lawrence, Mercer, Washington and Westmoreland.

If you have been served with a PFA or face criminal charges for violating a PFA, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Protecting Kids In Divorce

Posted on December 16 2019 by Todd Spivak and Rebecca Canterbury

Divorce can be one of the most difficult challenges in a person’s life. You are learning to cope with a divided family, and you may harbor ill feelings toward your ex-spouse.

As tempting as it may be, it is important to never vent about your ex-spouse to your children. Consider reserving those feelings for friends or counselors.

Remind yourself that the issues between you and your ex-spouse are between the two of you.

Avoid putting your children in the middle of conflict and making them feel as though they have to choose sides.

Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters. Call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA: Economic Abuse

Posted on December 16 2019 by Todd Spivak and Rebecca Canterbury

Physical injury and mental trauma often go hand in hand with domestic violence, but economic abuse is also “present in 98 percent of abusive relationships,” according to National Network to End Domestic Violence.

“Money is our society’s most concrete form of power,” wrote Sady Doyle in The Nation. “Women are kept captive to male violence because they can’t afford to live without the men who hurt them.”

Rather than viewing domestic violence as a women’s issue, Doyle recommends viewing domestic violence as an economic issue: “When we include gender in our economic understanding, our policy stops being a sort of generalized ‘uplift’ and starts providing specific and targeted aid.”

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.

Child Custody Trial Tips

Posted on November 19 2019 by Todd Spivak and Rebecca Canterbury

Courts make custody decisions in the best interests of the children, which typically means judges are looking at which parent is best fit to meet the children’s day-to-day needs.

It’s not enough to tell the court that your ex never does anything for the children and is a bad parent.

Rather than spending time listing out all of the things your ex never does for the children, devote the majority of your time to presenting yourself as the parent best equipped to meet the day-to-day needs of the children.

If you take the children to school every morning, help them with their homework every night, and get them ready for bed most nights, let the court know.

Sometimes it pays to be positive at child custody trials.

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