Pittsburgh Divorce Lawyer
Divorce: Living Separately Under One Roof
Given today’s economic realities, it is not at all uncommon for married couples to continue living together even after separating and heading toward divorce.
After all, many families struggle to keep up with their expenses in one household. Taking on a second mortgage or another monthly rental payment may not be an option.
Even if the parties still live together, it is possible to establish a date of separation for purposes of divorce so long as the parties:
- Separate bank accounts. The parties should separate their finances by opening individual bank accounts.
- Abstain from marital sex. The parties should no longer share a bedroom or bed.
- Do not hold themselves out as married. The parties should refrain from describing themselves as a married couple to others in the community.
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.
Key Time Periods for Divorce in Pennsylvania
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.
Update Your Will After Marriage Or Divorce
The most important times to reassess your will include the times when your family makeup changes. For example, if you get married, everything changes to include your spouse. If you have a new child, you want to include the child in your will as well. If you have a divorce, you want to go back and change the funds and property that you are giving your soon-to-be ex-wife or ex-husband. You will also want to look at your will for other reasons to make changes.
To speak with a Pittsburgh attorney about drafting your will, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Allegheny County Increases Custody Filing Fees
Seeking custody of your children isn’t cheap.
Earlier this year, fees associated with filing a custody action increased dramatically. For instance, the fee for filing an initial custody complaint soared from $232.50 to $325. The fee for filing a divorce complaint with a custody count jumped from $271 to $363.50. The fee for filing a petition for custody modification swelled from $200 to $250, and the fee for filing a custody complaint after a divorce action has been filed spiked from $108.50 to $220.50. Additionally a new fee of $200 will be assessed for reinstating a custody action.
In Allegheny County, all fees for custody actions are collected by the Department of Court Records on the first floor of the City County Building, 414 Grant Street, Pittsburgh, PA 15219. In some cases involving low-income parties, custody filing fees may be waived by the Court.
To speak with an experienced Allegheny County family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Providing Records to Your Divorce Lawyer
Once the divorce process is under way, your lawyer will need ready access to all relevant financial documents. Start by locating and gathering together the following records pertaining to both you and your spouse:
- Social Security numbers
- Income tax returns for the past three years
- Retirement savings plans statements for the past three years
- Bank account statements
- Insurance policies (life; automobile; house; other)
- Stock certificates
- Credit card bills
- Employment payment stubs
- Brokerage statements
- Pension statements
- Health insurance and work-related benefits
- Real estate records
- Receipts and monthly statements documenting household expenses and everyday expenses (groceries, gas, heat, water, personal grooming, transportation, gifts, clothing, laundry and cleaning supplies, entertainment, miscellaneous expenses, and so forth)
- List of all assets and liabilities
- Date of separation (the date of separation is the date used to determine the value of particular assets – the matrimonial home, bank statements, investments, and so forth)
To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Becoming a Better Parent Through Divorce
Divorce can be an awakening for parents that results in them actually becoming better parents and taking more active roles in the children’s lives. If you were the main caregiver before divorce and did most of the work, wondering why your ex couldn’t take a greater parental role, his or her turnaround after the divorce can be frustrating.
But while it may be upsetting at first, ultimately you should come to realize that it is better for your children to have both parents involved in their lives. It may also make things easier for you if you find that you can share responsibilities such as driving the children to their friends’ homes, program, and other events.
To speak with an experienced Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
7 Tips For Avoiding High-Conflict Divorce
Even the most civil divorce can be devastating emotionally and financially. But high-conflict divorce – in which parties litigate over all aspects of the divorce, including custody, child support, alimony, and property division – can be especially damaging. Protect yourself by following these tips for avoiding high-conflict divorce:
1. Develop an emergency plan.
Your partner could assault or evict you at any time. Figure out a safe place to go, and get some ready cash, and think about who can help you on short notice. Copy important records and keep them in a safe place.
2. Keep a journal.
As soon as possible after they occur, write down accurate details of problems and events between you and your partner that could become issues in court. Keep a journal or other written record of anything pertinent. Save email and text-message correspondence in a safe place, especially copies of hostile and harassing exchanges.
3. Think before hitting “send.”
Communicate very carefully and respectfully with your partner, because anything may be introduced into evidence. Make any emails, whether initiated by you or in response to your partner, brief, informative, friendly, and firm. This is especially true if your partner’s emails are hostile.
4. Seek counseling.
Obtain a therapist to help you understand your partner’s behavior, anticipate problems, deal with your emotions around the divorce or separation, and learn about yourself.
5. Retain a family law attorney.
Hire an attorney with good communication skills, and consult with this professional to prepare for predictable crises and accusations.
6. Avoid social media.
Delete your Facebook, Twitter, or any other publicly accessible online social networking account. You may wish to erase your browsing history from your computer. Make sure your passwords are secure. Make sure that what you want to keep private, such as letters or lists, is kept private.
7. Reach out to loved ones.
Tell your family and friends what to expect, how to respond, how they can help, and how to avoid splitting either of you into being viewed as all good or all bad.
This list was adapted from Splitting: Protecting Yourself While Divorcing Someone with Borderline or Narcissistic Personality Disorder.
To schedule an appointment with a family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.
Is Divorce Bad for Children?
Is divorce bad for children? “Yes, obviously,” may be your knee-jerk response, but a recent article in Scientific American points to studies showing that in the long run divorce adversely affects only a small percentage of kids.
There are many conflicting studies about the long-term consequences of divorce on children. According to University of California professor Judith Wallerstein, most adults who were children of divorce experience depression and relationship issues. But research by University of Virginia professor E. Mavis Hetherington shows that only 15 percent of adult children of divorce experience greater problems than those from stable families.
There seems to be a consensus, however, that many children experience short-term negative effects from divorce, such as anger and anxiety. According to Hetherington’s study, such effects typically diminish or disappear by the second year post-divorce.
At Spivak Law Firm, we believe strongly in protecting children through the divorce process. We handle many high-conflict divorces with issues of child custody, child support, and protection from abuse (PFA). To speak with a Pittsburgh family law attorney, call Spivak Law Firm at (412) 344-4900 or toll free at (800) 545-9390.