Family Law

Common Divorce Myths

Posted on July 8 2019 by Todd Spivak and Rebecca Canterbury

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.

Why Judges Grant Temporary PFA Orders

Posted on July 3 2019 by Todd Spivak and Rebecca Canterbury

In Pittsburgh and surrounding counties, judges grant the vast majority of requests for Temporary Protection From Abuse (PFA) orders.

Judges issue Temporary PFA orders without ever hearing from the alleged perpetrator of abuse. There’s usually no evidence of abuse except for the alleged victim’s sworn testimony.

Judges issue the orders with full knowledge that they may completely turn the alleged perpetrator’s life upside-down by evicting them from their homes, restricting them from their children, and placing them at great risk for arrest if they’re even accused of violating the order by having non-threatening contact.

So why do judges grant more than 90 percent of Temporary PFA petitions?

It’s likely because judges opt to err on the side of caution. Domestic abuse is real, and no judge wants to deny a request for help that leads to physical violence. Unfortunately, innocent people often go through hell while awaiting their PFA hearings.

Spivak Law Firm provides strong, compassionate, cost-effective representation at PFA hearings in Pittsburgh and all surrounding counties. Call us at (412) 344-4900 or toll free at (800) 545-9390.

3 Tips for Co-Parenting

Posted on July 3 2019 by Todd Spivak and Rebecca Canterbury

As an intact family, you and your partner work together to raise your children.

But when parents separate, the family dynamic may change dramatically as parents now lead separate lives while still having to work together.

Here are three tips for keeping conflict to a minimum:

Try to forgive your ex-spouse
Address areas of potential conflict as they arise
Follow your custody order

Keeping your emotions in check will allow you to keep a level head. Remaining upset may cause you to make rash decisions. The last thing you want to do is annoy your judge by repeatedly filing motions in court over frivolous matters.

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.

In Family Court, Be Respectful

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

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.

PFA Hearings: What Is Evidence?

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

At Final PFA hearings, both the accuser and the alleged perpetrator of abuse have the right to introduce evidence to prove their cases.

Evidence at Final PFA hearings commonly includes:

-Photographs of injuries and damaged property

-Medical records of injuries

-Mental health records reflecting treatment

-Texts and emails of threatening or harassing behavior

-Social-media postings on Facebook and Instagram of threatening or harassing behavior

-Eyewitness accounts

-Character witnesses seeking to bolster credibility

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

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

Domestic Violence and Brain Injuries

Posted on June 28 2019 by Todd Spivak and Rebecca Canterbury

When it comes to long-term brain trauma, sports-induced injuries monopolize the conversation, while injuries suffered by victims of domestic abuse fall to the wayside. But Dr. Robert Cantu, an expert on football-related injuries, has revealed that many survivors of domestic violence could suffer from the same traumatic brain injuries as professional sports players.

“Experts believe many cases go undetected and untreated in abused women, making them vulnerable to problems with thinking, mood and behavior,” according to The Associated Press.

The article notes that “repeated blows [to the head] have been linked with a degenerative brain disease called chronic traumatic encephalopathy … linked with memory loss, confusion, mood changes, and eventually dementia.” Dr. Robert Cantu added: “There are many women who have been abused enough that some of them probably have CTE.”

Spivak Law Firm handles all family law and criminal defense matters with a focus on domestic violence. For a free consultation call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Enforcing Divorce Agreements

Posted on June 12 2019 by Todd Spivak and Rebecca Canterbury

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.

Child Custody Tips For Memorial Day Weekend

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

While holidays offer parents an opportunity for quality time with their children, they also often involve issues such as fitting a vacation around the other parent’s schedule and giving up some time for the other’s sake.

Here are some valuable tips to help you have a great holiday:

Stick to the plan: If you agreed to a parenting or custody plan, you should try to stick to it as much as possible.
Plan ahead: Avoid misunderstandings and disagreements about who has the kids by discussing it with your ex in advance.
Maintain contact: Regardless of whether your child is with you or the other parent, it is vital for the child to stay connected with the parent who is not present.

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.

Spotting Signs of Abuse

Posted on May 24 2019 by Todd Spivak and Rebecca Canterbury

Being able to tell the difference between a healthy relationship and an abusive relationship can be difficult.

You may be in an abusive relationship if your partner:

Exhibits an explosive temper
Inflicts physical pain in any way
Belittles you or puts you down
Checks your cell phones, emails or social networks without permission
Demonstrates extreme jealousy or insecurity

Spivak Law Firm helps victims of domestic violence get the legal protections they need at Protection From Abuse (PFA) hearings and by working with prosecutors on criminal domestic-violence cases. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Child Custody For Grandparents

Posted on May 13 2019 by Todd Spivak and Rebecca Canterbury

The Supreme Court of Pennsylvania recently limited the rights of grandparents to pursue custody of their grandchildren.

Prior to the Court’s decision, grandparents had standing to pursue partial physical or supervised custody if: (a) the parents of the children were separated for a period of at least six months or (b) the parents commenced divorce proceedings.

But the Court struck the parental separation provision from the statute, as it violates parents’ rights under the Due Process Clause. Now a grandparent’s rights to pursue custody could be complicated if the parents of the children never married.

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