Family Law

Understanding Marital Property

Posted on January 26 2016 by Todd Spivak and Rebecca Canterbury

Q: I always drove the Toyota and my husband always drove the Ford. Both cars were bought during the marriage, but only my husband’s name is on the titles. Now that we’re getting a divorce, my husband says both cars belong to him. Is he right?

A: No. Under Pennsylvania law, virtually all property acquired by either spouse during the marriage is deemed marital property subject to equitable distribution by the court or through a marital settlement agreement. Thus, it does not matter that the cars are titled only in your husband’s name. The cars are marital property jointly owned by both spouses.

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

What to Expect At Your Child Support Hearing

Posted on January 5 2016 by Todd Spivak and Rebecca Canterbury

In Allegheny County, many people resolve child support issues without need for a hearing. Parties first disclose their income and expenses to a domestic-relations officer usually in a small office or cubicle. The officer will usually run calculations based on state support guidelines established by the Pennsylvania Legislature. The parties then have an opportunity to reach an agreement as to the amount of support, if any. The officer at this first level does not have authority to enter a recommendation.

If the parties do not reach agreement, they will attend a hearing on the same day. The hearing is a mini-trial in which each party is sworn under oath and permitted to testify, introduce evidence, and cross-examine one another. The hearing officer will hear testimony, accept evidence, and issue a recommendation within 30 days. If either party is dissatisfied with the recommendation, he or she may file an appeal known as exceptions to be reviewed by the judge assigned to the case.

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

Key Factors for Child Custody

Posted on January 4 2016 by Todd Spivak and Rebecca Canterbury

Judges consider many factors when determining a child custody schedule. A child’s preference is just one of many factors. As children get older, courts may give greater weight to the child’s preference, though many judges do not want to hear directly from children. After all, it can be traumatizing for a child to choose between parents.

An important factor for determining custody is promoting consistency for the children. Courts generally will not disturb an existing arrangement or move children from their current school if they are doing well. Courts are also reluctant to split siblings between parents.

Spivak Law Firm provides strong, compassionate representation in child custody cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

Spivak Law Firm Seeks PFA Reforms

Posted on December 23 2015 by Todd Spivak and Rebecca Canterbury

PFA Pic1 Attorney Todd Spivak recently participated on a panel at Duquesne University School of Law to advocate reforming Pennsylvania’s Protection From Abuse (PFA) laws.

A PFA, also commonly known as a restraining order, is a powerful tool that can evict you from your home, restrict you from your children, and prohibit you from possessing firearms.

Attorney Spivak has long advocated for reforming the PFA law to curb false claims of abuse. Proposals for reform include as follows:

Courts should make it easier to allow defendants to recover attorney fees when a PFA is withdrawn or dismissed.

District attorneys should criminally prosecute serial filers of bogus PFAs.

Temporary PFAs should be removed from the public database when a PFA is later withdrawn or dismissed.

Other panelists included Allegheny Court of Common Pleas Judge Kim D. Eaton and Attorney Tom Putinsky, winner of the Edgar G. O’Connor Fellows Award for outstanding public service.

Spivak Law Firm provides strong representation at PFA hearings for plaintiffs and defendants. To speak with an experienced PFA attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.

Key Time Periods for Divorce in Pennsylvania

Posted on December 18 2015 by Todd Spivak and Rebecca Canterbury

Under Pennsylvania divorce law, there are three main time periods that parties should consider:

Six Months: Before you can file for divorce in Pennsylvania, you or your spouse must have resided in the state for at least six months.

90 Days: If you and your spouse consent to a divorce, you still must wait 90 days before the court will grant a final decree.

Two Years: If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period to one year.

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.

4 Reasons to Modify Child Support

Posted on December 14 2015 by Todd Spivak and Rebecca Canterbury

Either parent may seek to modify a child support order at any time. The moving party will need to show a substantial change of circumstances occurred since the final order was entered by the court.

What constitutes a substantial change of circumstances?

Common examples include:

One parent gets more custody time
One parent gets a significant pay increase
One parent gets laid off from work
A child seeks to participate in a new extra-curricular activity

Do not voluntarily quit a job to avoid paying child support, as a court can assign an earning capacity based on past income levels.

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

Reduce Waiting Period for Divorce

Posted on November 30 2015 by Todd Spivak and Rebecca Canterbury

If one spouse does not consent to a divorce, then the spouse seeking the divorce must wait two years before requesting a final decree. Currently Pennsylvania is considering legislation to reduce the waiting period for a contested divorce to one year.

Pennsylvania House Bill 380 calls for reducing the waiting period for a no-fault divorce based on separation from two years to one.

Proponents of the legislation say that expediting divorce will enable courts to focus greater attention on child custody disputes.

“Where the divorce is inevitable,” attorney Maryann Modesti testified at a recent meeting of the Pennsylvania House Judiciary Committee, “allowing the family to focus on the challenge of co-parenting as divorced parents is better than the emotional toll of a delay in the divorce litigation.”

Currently many other states impose a short waiting period than two years. For instance: Maryland has a one-year waiting period; New York has a six-month waiting period; and West Virginia imposes no waiting period at all.

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

Domestic Violence on Thanksgiving

Posted on November 25 2015 by Todd Spivak and Rebecca Canterbury

Police frequently receive an increase in domestic violence calls and family feuds on Thanksgiving.

Holidays can be stressful. Family tension mixed with alcohol can lead to dangerous situations.

Domestic-violence experts recommend identifying easy exits and establishing code words with children who can run to neighbors for help if problems escalate.

If things get out of hand verbally or physically, don’t hesitate to leave the family gathering earlier than planned.

Spivak Law Firm provides aggressive representation for plaintiffs and defendants at PFA hearings and all criminal domestic-violence cases. Call us at (412) 344-4900 or toll free at (800) 545-9390.

PFA Hearings and Constitutional Rights

Posted on November 17 2015 by Todd Spivak and Rebecca Canterbury

A bogus PFA wreaks havoc on a person’s life: it evicts you from your home, restricts you from seeing your kids, and subjects you to possible arrest for the mere accusation of violating the no-contact order.

In Pennsylvania, a Final PFA Hearing generally occurs within 10 days after issuance of the Temporary PFA Order.

A Final PFA Hearing must occur shortly after the Temporary PFA Order gets issued because ex parte orders are limited by the Constitution. The due process clause of the Fifth and Fourteenth Amendments provide that a person shall not be deprived of liberty or property without adequate notice and an opportunity to be heard.

Spivak Law Firm provides strong, aggressive representation at PFA hearings in Pittsburgh and all surrounding counties: Allegheny County, Beaver County, Butler County, Washington County, and Westmoreland County. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.

Despite PFA, Man Guns Down Ex-Girlfriend

Posted on November 2 2015 by Todd Spivak and Rebecca Canterbury

A Protection From Abuse (PFA) Order is a powerful tool that aims to restrict a perpetrator of domestic violence from having any contact with his victim.

But sometimes a PFA is just a piece of paper.

Earlier this year, 46-year-old business owner Stacey Pennington of central Pennsylvania was shot and killed by her former boyfriend Patrick Derr. She had an active PFA that prohibited him from possessing a firearm.

Four different women got PFAs against Mr. Derr in the last 20 years. Accusations included rape and multiple incidents of choking and strangling.

But none prevented the murder-suicide that occurred this past Labor Day in Mt. Gretna, a small town of just 1,500 people located 40 miles east of Harrisburg.

“She was the sweetest woman in the whole wide world,” said one woman at Ms. Pennington’s memorial.

Spivak Law Firm provides strong, compassionate representation for plaintiffs and defendants in PFA hearings. For a free consultation, call us at (412) 344-4900 or toll free at (800) 545-9390.