That can vary quite a bit. Divorces vary from uncontested divorces where all the issues are agreed to, to outright wars. An uncontested divorce, usually you can get it done – if there’s an agreement on all issues – within 60 to 90 days.
As for the most outrageous divorces, the ones that carry on the longest, 18 months to 2 years. At Shaw Law Firm, we strive to push our cases forward. We like to solve problems. We get to the nitty gritty of the issues, so we try to move things forward quicker, so our cases generally 6 to 18 months is probably the longest case we’ll have, but there are some divorces that can stretch out even longer.
By: Scott Shaw
That can vary quite a bit. Divorces vary from uncontested divorces where all the issues are agreed to, to outright wars. An uncontested divorce, usually you can get it done – if there’s an agreement on all issues – within 60 to 90 days.
As for the most outrageous divorces, the ones that carry on the longest, 18 months to 2 years. At Shaw Law Firm, we strive to push our cases forward. We like to solve problems. We get to the nitty gritty of the issues, so we try to move things forward quicker, so our cases generally 6 to 18 months is probably the longest case we’ll have, but there are some divorces that can stretch out even longer.
By: Scott Shaw
Temporary orders take effect during a divorce at the time the judge signs them and enters them with the clerk of court. It’s that simple. Once the order is signed, it gets entered with the clerk of court, there’s a file stamp date on it, the order is good and valid until either the divorce is dismissed, or a new order takes its place.
By: Scott Shaw
Temporary orders take effect during a divorce at the time the judge signs them and enters them with the clerk of court. It’s that simple. Once the order is signed, it gets entered with the clerk of court, there’s a file stamp date on it, the order is good and valid until either the divorce is dismissed, or a new order takes its place.
By: Scott Shaw
Maybe the most common is what to do with the marital home and it’s not such an simple issue as one might think. Issues run the gamut. For example, what if one party wants to stay in the house, but the other party is the person whose name is on the mortgage? You don’t want to let that party stay in the house when they have no skin of the game. What if they don’t pay the mortgage? The other guy’s the one who’s going to be collected on and have their credit rating hurt. So, you need to address issues like that.
There’s also issues, how do you value the home? What if you want to sell the home? What’s the procedure to do it? You don’t want to happen what happened on one of the cases I had where previous counsel before me had agreed they’ll just average up the husband and wife’s selling price and sell it as an average. The home stayed in the market for 720 days. It deteriorated to practically nothing because the wife wanted to stay in there free. So, it was worth $2,000,000. The husband thought it was worth nothing, so it was worth $400,000. You average it together, it wasn’t worth anywhere near what the average was. So, you have to take into consideration things even as minute as the process to sell the home.
By: Scott Shaw
Maybe the most common is what to do with the marital home and it’s not such an simple issue as one might think. Issues run the gamut. For example, what if one party wants to stay in the house, but the other party is the person whose name is on the mortgage? You don’t want to let that party stay in the house when they have no skin of the game. What if they don’t pay the mortgage? The other guy’s the one who’s going to be collected on and have their credit rating hurt. So, you need to address issues like that.
There’s also issues, how do you value the home? What if you want to sell the home? What’s the procedure to do it? You don’t want to happen what happened on one of the cases I had where previous counsel before me had agreed they’ll just average up the husband and wife’s selling price and sell it as an average. The home stayed in the market for 720 days. It deteriorated to practically nothing because the wife wanted to stay in there free. So, it was worth $2,000,000. The husband thought it was worth nothing, so it was worth $400,000. You average it together, it wasn’t worth anywhere near what the average was. So, you have to take into consideration things even as minute as the process to sell the home.
By: Scott Shaw
The answer is no. The court offers mediation services and many counties require mediation of a case, not all counties. For example, Gwinnett country won’t require you to mediate, but they do encourage it. And other counties like county require mediation. But in regards to marriage counseling and trying to patch the marriage up, that’s something we can agree to. We can even get the court to sign an order that the parties will try to go to marriage counseling, but the court will not offer such a service to you.
By: Scott Shaw
The answer is no. The court offers mediation services and many counties require mediation of a case, not all counties. For example, Gwinnett country won’t require you to mediate, but they do encourage it. And other counties like county require mediation. But in regards to marriage counseling and trying to patch the marriage up, that’s something we can agree to. We can even get the court to sign an order that the parties will try to go to marriage counseling, but the court will not offer such a service to you.
By: Scott Shaw
Hello. My name is Scott Shaw, founder and principal of Shaw Law Firm, LLC. A law firm I founded in 1995. Child custody along with divorce and other areas of family law are our only area of legal practice. We don’t accept any other types of cases. In this video I will be discussing the topic of Lump Sum Alimony. When most people think of alimony, they think of a monthly payment to the other spouse.
Lump Sum Alimony is different though. It is different because it is a one time award of assets to the other spouse, and it’s a very dangerous thing to play around with. Lump Sum Alimony is so dangerous, because it is a way for a court or a jury to punish the other party, or to otherwise do equity. Because in a divorce, what usually happens is that each party is awarded their non-marital or premarital assets, and then the parties divide up the marital assets.
But what happens when most of the assets are one party’s non-marital assets, leaving very little to divide to the other party? In such a case, the court has the power to invade your non-marital estate even if you inherited it, owned it before marriage or whatever, and award some or all of it to your spouse. And a court can do so just because, in the right case it is a huge weapon and it should be scary to you.
One case where this came into great effect for me involved a jury trial in which the opposing party, which is the husband in that case, brought a few million dollars into marriage. And he married my client, where the time of marriage was a six figure per year consultant, while he is having an affair with another woman. A few years into the marriage, my client gave up her career in order to have a baby. The opposing party was still having this affair with this other woman, and in fact had another baby with this woman unbeknownst to my client.
Five years past, and by the time my client figured all this out, her job skills had antiquated. Yet most of the assets in the case were still the husband’s non-marital assets that he brought into the marriage to begin with. He thought he was looking pretty, and my client had no ability to be awarded those assets. Since most of the assets in this case were non-marital, there wasn’t a whole lot to claim as marital property. We could ask for monthly traditional alimony, but instead of doing that we in addition demanded a Lump Sum award of alimony from his non-marital estate. And we demanded the jury award it to us. Long and short, this case ended up settling because the husband’s attorney saw the very large liability he had for the jury awarding a portion of his client’s non-marital assets to my client.
This could have been millions of dollars and possible liability for him, because we had a great case for an award of Lump Sum Alimony under these circumstances. This is one of the nuance factors of family law and divorce law that most people aren’t even aware of. And at Shaw Law Firm this is all we do, and we welcome your inquiries and questions. Thank you.
By: Scott Shaw
Hello. My name is Scott Shaw, founder and principal of Shaw Law Firm, LLC. A law firm I founded in 1995. Child custody along with divorce and other areas of family law are our only area of legal practice. We don’t accept any other types of cases. In this video I will be discussing the topic of Lump Sum Alimony. When most people think of alimony, they think of a monthly payment to the other spouse.
Lump Sum Alimony is different though. It is different because it is a one time award of assets to the other spouse, and it’s a very dangerous thing to play around with. Lump Sum Alimony is so dangerous, because it is a way for a court or a jury to punish the other party, or to otherwise do equity. Because in a divorce, what usually happens is that each party is awarded their non-marital or premarital assets, and then the parties divide up the marital assets.
But what happens when most of the assets are one party’s non-marital assets, leaving very little to divide to the other party? In such a case, the court has the power to invade your non-marital estate even if you inherited it, owned it before marriage or whatever, and award some or all of it to your spouse. And a court can do so just because, in the right case it is a huge weapon and it should be scary to you.
One case where this came into great effect for me involved a jury trial in which the opposing party, which is the husband in that case, brought a few million dollars into marriage. And he married my client, where the time of marriage was a six figure per year consultant, while he is having an affair with another woman. A few years into the marriage, my client gave up her career in order to have a baby. The opposing party was still having this affair with this other woman, and in fact had another baby with this woman unbeknownst to my client.
Five years past, and by the time my client figured all this out, her job skills had antiquated. Yet most of the assets in the case were still the husband’s non-marital assets that he brought into the marriage to begin with. He thought he was looking pretty, and my client had no ability to be awarded those assets. Since most of the assets in this case were non-marital, there wasn’t a whole lot to claim as marital property. We could ask for monthly traditional alimony, but instead of doing that we in addition demanded a Lump Sum award of alimony from his non-marital estate. And we demanded the jury award it to us. Long and short, this case ended up settling because the husband’s attorney saw the very large liability he had for the jury awarding a portion of his client’s non-marital assets to my client.
This could have been millions of dollars and possible liability for him, because we had a great case for an award of Lump Sum Alimony under these circumstances. This is one of the nuance factors of family law and divorce law that most people aren’t even aware of. And at Shaw Law Firm this is all we do, and we welcome your inquiries and questions. Thank you.
By: Scott Shaw
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