Pittsburgh Child Custody Lawyers
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.
Spivak Law Firm Offers Many Clients Flat Fees
Flat fees are one-time charges for legal services. Unlike retainers, flat fees provide clients certainty for how much their total legal fees will cost.
Flat fees are generally offered if a client seeks legal representation at a court hearing or for drafting legal documents. Flat fees may even include filing fees and travel costs related to the case.
At Spivak Law Firm, many of our clients appreciate that we offer flat fees so they know upfront how much they will need to pay for our representation.
We offer flat fees for many types of cases, including:
- PFA hearings
- Child support hearings
- Child custody conciliations
- Preliminary hearings
- ICC hearings
- Summary trials and summary appeals
- Criminal record expungements
- Drafting wills and powers of attorney
To speak with an experienced family law and criminal defense attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Divorce: Fleeing an Abusive Spouse
There are many forms of spousal abuse: mental, emotional, physical, and sexual.
If you are the victim of spousal abuse, there are actions you can take to protect yourself.
You may file a criminal complaint with your local police department and seek to press charges if you are the victims of physical or sexual abuse. Domestic abuse charges commonly include: assault, harassment, stalking, reckless endangerment, and terroristic threats.
You may also consider filing for a Protection From Abuse (PFA) order to prohibit all contact and even have the abuser evicted from the marital residence. A PFA may be obtained on grounds of physical violence, sexual violence, harassment, or stalking.
If you are suffering mental or emotional abuse, you may request a hearing for exclusive possession of the marital residence, which would enable you to stay in your home during the divorce process and prohibit your abuser from the premises.
If you need immediate shelter from an abusive partner, there are many resources available to assist you.
Spivak Law Firm provides strong, compassionate, cost-effective representation in all family law and criminal defense matters with a special focus on child custody and domestic abuse. Call us today 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.
PFA Hearings: Child Testimony
A child under 13-years-old who alleges physical or sexual abuse may not have to testify at a Protection From Abuse (PFA) hearing under Pennsylvania Law.
The Tender Years Hearsay Act allows a psychologist or caseworker from Children Youth and Families (CYF) to testify on the child’s behalf.
The purpose of the Act is to protect children from the added trauma of appearing in court to describe the details of the alleged assault.
New legislation may expand the Act to include children under 17-years-old.
The American Civil Liberties Union of Pennsylvania opposes the bill on grounds that it violates the defendant’s right to due process.
Courts heavily rely on other professionals to determine whether abuse on a child actually occurred.
There may be a forensic interview conducted by a child abuse specialist in the presence of a police detective and a CYF caseworker.
Spivak Law Firm handles all areas of family law and criminal defense with a special focus on PFA, domestic abuse and high-conflict child custody.
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.