Georgia Divorce Laws

Served Divorce Papers | Atlanta Family Law

Scott Shaw

 

Being Served Divorce Papers in Atlanta

After you’ve been served, you have 30 days to file an answer, and this is not something that you can or should ignore. If you do not file an answer, the other party can proceed forward, and after 45 days, ask the court to take a default judgment against you, which is not something you want to do. If you’ve been served with legal papers, you need to immediately contact an attorney, seek advice, and start planning on how to respond. It may be a case that perhaps we can settle quickly, or maybe a case that will be required to be contested. Contact an attorney immediately.

By: Scott Shaw

Being Served Divorce Papers in Atlanta

After you’ve been served, you have 30 days to file an answer, and this is not something that you can or should ignore. If you do not file an answer, the other party can proceed forward, and after 45 days, ask the court to take a default judgment against you, which is not something you want to do. If you’ve been served with legal papers, you need to immediately contact an attorney, seek advice, and start planning on how to respond. It may be a case that perhaps we can settle quickly, or maybe a case that will be required to be contested. Contact an attorney immediately.

By: Scott Shaw

How Long Does Divorce Take | Atlanta Family Law

Scott Shaw

 

Divorce Length in Atlanta

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

Divorce Length in Atlanta

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

Appeal Process | Atlanta Family Law

Scott Shaw

 

Appeal Process in Atlanta

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 do not accept any other types of cases.

What if the Judge Gets it Wrong?

In this video, I will be discussing the topic of appeals. What happens when the trial judge gets it wrong? It is very frustrating and can be very disillusioning actually, as we believe trial judges know the law and will apply the law properly. And for the most part they do. However when they don’t, what happens? The answer is you appeal.

In the past three months alone, we have won appeals and have overturned the decisions of three different trial judges. And we expect to win a fourth one shortly. In some of these cases, the law is rather plain and clear, at least to me, and yet the judge decided otherwise. So we appeal these cases to try to fix these things. It can be disillusioning to have to deal with an appeal. You feel like you did something wrong, or you lost the case. But that is not always the case.

Example Appeal Litigation

As an example, one appeal that we just won involve a case where the trial court personally sanction me. Why? Because I made a legal argument that happened to be right. But the court thought it was wrong, and the opposing attorney to this day still does not understand it. Yet to me it was simple and straightforward, and I knew I was right. So sure enough we appealed it. And on appeal, not only did the judge of the supreme court overturn the sanctions against me, the court also said I was right. My client won the case.

So long and short, sometimes trial courts do not get it right. And when they do not, we still have our remedy, and we can still win the case. At Shaw Law Firm we have a track record of successfully handling appeals, and we welcome your inquiries regarding that. Keep in mind that to appeal the decision, there are tight deadlines. Usually you have to file your endorsed appeal no later than 30 days from the date of entry of the order that you want to appeal. We will be happy to speak with you regarding any potential appeal issue that you may have. Thank you.

By: Scott Shaw

Appeal Process in Atlanta

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 do not accept any other types of cases.

What if the Judge Gets it Wrong?

In this video, I will be discussing the topic of appeals. What happens when the trial judge gets it wrong? It is very frustrating and can be very disillusioning actually, as we believe trial judges know the law and will apply the law properly. And for the most part they do. However when they don’t, what happens? The answer is you appeal.

In the past three months alone, we have won appeals and have overturned the decisions of three different trial judges. And we expect to win a fourth one shortly. In some of these cases, the law is rather plain and clear, at least to me, and yet the judge decided otherwise. So we appeal these cases to try to fix these things. It can be disillusioning to have to deal with an appeal. You feel like you did something wrong, or you lost the case. But that is not always the case.

Example Appeal Litigation

As an example, one appeal that we just won involve a case where the trial court personally sanction me. Why? Because I made a legal argument that happened to be right. But the court thought it was wrong, and the opposing attorney to this day still does not understand it. Yet to me it was simple and straightforward, and I knew I was right. So sure enough we appealed it. And on appeal, not only did the judge of the supreme court overturn the sanctions against me, the court also said I was right. My client won the case.

So long and short, sometimes trial courts do not get it right. And when they do not, we still have our remedy, and we can still win the case. At Shaw Law Firm we have a track record of successfully handling appeals, and we welcome your inquiries regarding that. Keep in mind that to appeal the decision, there are tight deadlines. Usually you have to file your endorsed appeal no later than 30 days from the date of entry of the order that you want to appeal. We will be happy to speak with you regarding any potential appeal issue that you may have. Thank you.

By: Scott Shaw

How to Begin a Divorce | Atlanta Divorce

Scott Shaw

 

How to Begin Your Divorce in Atlanta

You begin your divorce by contacting a good attorney who knows what they are doing, and your attorney will consult with you, advise you whether you should even get a divorce, talk about the relevant issues you have to deal with, whether now is even a good time to file, what sort of planning you need to do, and the attorney will instruct you how to proceed forward.

By: Scott Shaw

How to Begin Your Divorce in Atlanta

You begin your divorce by contacting a good attorney who knows what they are doing, and your attorney will consult with you, advise you whether you should even get a divorce, talk about the relevant issues you have to deal with, whether now is even a good time to file, what sort of planning you need to do, and the attorney will instruct you how to proceed forward.

By: Scott Shaw

Debt Responsibility | Atlanta Divorce Laws

Scott Shaw

 

Who is Responsible for Debt?

In a divorce proceeding, debt is often a very big issue – who’s responsible for what debt. It’s often one of the most difficult issues to deal with, because first you have to figure out what the debt was, who incurred the debt, what the debt was incurred for? Was it incurred for a girlfriend? Was it incurred to raise the family? Who should actively be responsible for the debt?

Debt Liability Can Change

Once you’ve determined who should be responsible for what debt, it’s very important to remember that although the court can order one party to pay your debt, the court cannot order the party who owns that debt to not hold you responsible for liable. For example, if the court orders your husband to pay off your credit card, but your husband files for bankruptcy, you’re suddenly liable for that debt. It’s issues like that that we have to address in order to protect our clients, and make sure that the issue of debt is properly taken care of in divorce.

By: Scott Shaw

Who is Responsible for Debt?

In a divorce proceeding, debt is often a very big issue – who’s responsible for what debt. It’s often one of the most difficult issues to deal with, because first you have to figure out what the debt was, who incurred the debt, what the debt was incurred for? Was it incurred for a girlfriend? Was it incurred to raise the family? Who should actively be responsible for the debt?

Debt Liability Can Change

Once you’ve determined who should be responsible for what debt, it’s very important to remember that although the court can order one party to pay your debt, the court cannot order the party who owns that debt to not hold you responsible for liable. For example, if the court orders your husband to pay off your credit card, but your husband files for bankruptcy, you’re suddenly liable for that debt. It’s issues like that that we have to address in order to protect our clients, and make sure that the issue of debt is properly taken care of in divorce.

By: Scott Shaw

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