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Choosing a Divorce Attorney
It can be expensive to change attorneys during a divorce, as the new attorney may spend hours reviewing all dockets and documents to be fully informed about the case.
You may avoid such unnecessary expenses by carefully choosing the right divorce attorney for your needs.
–Reputation: Some law firms are known for pushing litigation, while others are better known for negotiating favorable outcomes. At Spivak Law Firm, we are tough negotiators and skilled trial lawyers who take the time to understand your needs and create legal strategies to achieve your goals.
–Experience: You may consider researching how long an attorney has been in practice, as well as his or her level of experience with divorce matters. No attorney handles all practices areas, so make sure that your attorney has significant experience handling divorce cases. At Spivak Law Firm, we handle all divorce and family law matters.
–Hourly Rates: Choose a law firm with an hourly rate that fits your budget. A lower hourly rate will stretch your retainer and likely save you thousands of dollars over the course of your case. At Spivak Law Firm, we charge competitive rates commensurate with our experience.
To speak with an experienced divorce and family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce and Bankruptcy
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.
Alimony as Secondary Remedy
Alimony is considered a secondary remedy under Pennsylvania law.
If there are liquid assets in the marital estate, judges in Allegheny County prefer to award the lower earning spouse a higher percentage of the martial estate.
Divorce cases often do not include any alimony award, or there may be alimony for a short-term basis only.
Courts generally will not award unless the marriage exceeded 15 years and there is a significant disparity in income levels between the wife and husband.
To learn more about spousal support and alimony, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce for the Higher Earning Spouse
The higher-earning spouse may be required to pay spousal support or alimony as part of a divorce.
Spousal support refers to money paid to the lower-earning spouse until the divorce is finalized. Alimony refers to money paid to the lower-earning spouse after the decree in divorce has been issued.
Additionally, the higher-earning spouse may be entitled to a smaller portion of the marital estate.
Under Pennsylvania law, the formal process for dividing a marital estate is known as equitable distribution. If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness.
In such cases, the court may not believe that a 50/50 division of marital assets is fair. Rather, the higher hearing spouse may receive as little as 40 or 45 percent of the estate.
To learn more about how to divide assets and debts as part of your divorce, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce for the Lower Earning Spouse
The lower-earning spouse stands to gain financially in many divorce cases.
For instance, the lower-earning spouse may receive spousal support – monthly payments until the divorce is finalize. In some cases, the lower-earning spouse may also receive alimony – monthly payments that continue even after the divorce is finalized.
Additionally, the lower-earning spouse may be entitled to a larger division of the marital estate.
If the parties cannot agree about how to divide the marital estate, the court will issue an order based on principles of fairness under Pennsylvania law.
In addition to monthly support, the lower-earning spouse may be entitled to receive a 55 or even 60 percent share of the marital estate.
To schedule a consultation with an experienced divorce and family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Financial Preparations for Divorce
If you and your spouse are about to separate, you should consult with an attorney about financial preparations for divorce.
You may want to defer income or delay any major purchases until after a divorce complaint has been filed in order to preserve your assets.
It is important for you to obtain copies of recent statements related to your marital estate. These include mortgage balance statements and retirement account statements, as well as tax returns and W-2s.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all divorce and family law matters.
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
How to Divorce a Jerk
Divorce can be emotionally difficult especially if your ex behaves like a jerk who demeans and disrespects you.
Conflict mediators recommend the following tips for dealing with a difficult ex:
Don’t be defensive: Getting defensive may be a natural response, but it only escalates the cycle of aggression.
Redirect the discussion: Start a conversation about the conversation itself by reflecting on the tone of the discussion.
Challenge their aggression: Gently challenge the belief that aggression is necessary.
Minimize interaction: An aggressive ex can’t cause as much harm if interactions are limited. Consider having all communication occur through the attorneys, if necessary.
Spivak Law Firm handles all areas of family law with a special focus on high conflict divorce and child custody as well as allegations of domestic abuse.
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Final Preparations for Divorce
When preparing for divorce, you should take stock of all your financial assets and debts.
For many families, the most significant assets include the marital residence and retirement accounts. Other assets may include bank accounts, investment accounts, vehicles, jewelry, and furnishings.
Debts commonly include credit cards, mortgage balances, home-equity lines of credit, and student loans.
At Spivak Law Firm, we routinely help people determine the value of their marital estates and negotiate divorce settlement agreements.
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
High-Conflict Divorce
Most divorce cases are settled by negotiation without need to go to court or stand before a judge.
But some high-conflict cases make settlement impossible.
Spouses may disagree on everything from how to divide the marital estate to the child custody schedule or how much child support or spousal support should be paid.
In such cases, the spouses may engage in multiple motions, hearings or trials before the divorce can be finalized.
There may also be need to undergo discovery – the formal court process for obtaining important information needed for trial. In divorce cases, discovery may be necessary to obtain key financial documents.
Spivak Law Firm has extensive experience in high-conflict divorce and child custody. To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce Rates Increase Due to Politics, Economy
Current political divisions have taken a toll on many relationships.
Family law attorneys and mental health professionals attest to an uptick in separation and divorce based at least partially on political differences.
Economic woes have also contributed to high stress levels experienced by many families, as fallout from the COVID-19 pandemic includes high rates of unemployment in many industries.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law matters, including: divorce, child custody, child support, spousal support, division of assets and debts, estate planning, and Protection From Abuse (PFA).
To schedule a consultation, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.