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
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
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
In this video I will be discussing the topic of what happens if you place your spouse’s name on property that you own prior to marriage. To start, unless you do something to change this rule of law, or unless lump sum alimony is awarded, which is a separate video that I’ve done, property that you own prior to marriage remains your separate non-marital property, and will not be awarded to your spouse in a divorce.
In simpler terms, you owned it before marriage, you will continue to own it after marriage. Your spouse will have no interest in it. However, and it is a frequent occurrence, that after marriage a spouse – say the wife – will put her husband’s name on the title of the property that the wife owned prior to marriage. She will do so with good intentions, and think nothing of the legal consequences if the parties ever get a divorce and unfortunately, or fortunately, depending on which side of the issue you are on, there are indeed major legal repercussions to this act.
In general, no matter your intent, unless there is strong evidence that placing your spouse’s name on the title of the property was not meant as a gift, under Georgia law, your placing your spouse’s name on property you owned before marriage will be seen as gifting him or her the property. What this means is that you will lose your non-marital interest in the property, and the entirety of the property will suddenly become marital property, as if you never owned it before marriage. It works like this. Say husband owns a house prior to marriage that has $200,000 of equity in it.
Husband marries wife, and a few years into the marriage, husband puts wife on the title to the home, so they own the home jointly. Then, a few years later, the parties get a divorce. What is the effect of putting the wife’s name on that title? Well, if husband had not put his wife’s name on the title, at the time of the divorce, the $200,000 of equity would remain his premarital property, and wife would not be entitled to any of it, because it’s all husband’s premarital property. Nor would she be given any credit for any of the appreciation that may have accrued over the years on the property.
However, now, because he did put his wife on the title of the property, she is now entitled to 50% on the entire equity in the home, plus 50% of any appreciation on the home, and 50% of any mortgage pay down that occurred during the marriage. The long and short of it is do not place your spouse’s name on property that you owned prior to marriage without first consulting an attorney.
As to legal impact this might have on your rights to that property, if you do not intend a gift, if you intend to transfer to protect the home from creditors, a transfer of title to your spouse can be accomplished in a way that does not potentially gift your non-marital interest away. Each divorce is different, and the circumstances unique, and in each divorce there are traps like this that can be taken advantage of by a divorcing spouse. At Shaw Law Firm, we understand the nuances of family law very well, and we welcome your inquiries and telephone calls. Thank you.
In this video I will be discussing the topic of what happens if you place your spouse’s name on property that you own prior to marriage. To start, unless you do something to change this rule of law, or unless lump sum alimony is awarded, which is a separate video that I’ve done, property that you own prior to marriage remains your separate non-marital property, and will not be awarded to your spouse in a divorce.
In simpler terms, you owned it before marriage, you will continue to own it after marriage. Your spouse will have no interest in it. However, and it is a frequent occurrence, that after marriage a spouse – say the wife – will put her husband’s name on the title of the property that the wife owned prior to marriage. She will do so with good intentions, and think nothing of the legal consequences if the parties ever get a divorce and unfortunately, or fortunately, depending on which side of the issue you are on, there are indeed major legal repercussions to this act.
In general, no matter your intent, unless there is strong evidence that placing your spouse’s name on the title of the property was not meant as a gift, under Georgia law, your placing your spouse’s name on property you owned before marriage will be seen as gifting him or her the property. What this means is that you will lose your non-marital interest in the property, and the entirety of the property will suddenly become marital property, as if you never owned it before marriage. It works like this. Say husband owns a house prior to marriage that has $200,000 of equity in it.
Husband marries wife, and a few years into the marriage, husband puts wife on the title to the home, so they own the home jointly. Then, a few years later, the parties get a divorce. What is the effect of putting the wife’s name on that title? Well, if husband had not put his wife’s name on the title, at the time of the divorce, the $200,000 of equity would remain his premarital property, and wife would not be entitled to any of it, because it’s all husband’s premarital property. Nor would she be given any credit for any of the appreciation that may have accrued over the years on the property.
However, now, because he did put his wife on the title of the property, she is now entitled to 50% on the entire equity in the home, plus 50% of any appreciation on the home, and 50% of any mortgage pay down that occurred during the marriage. The long and short of it is do not place your spouse’s name on property that you owned prior to marriage without first consulting an attorney.
As to legal impact this might have on your rights to that property, if you do not intend a gift, if you intend to transfer to protect the home from creditors, a transfer of title to your spouse can be accomplished in a way that does not potentially gift your non-marital interest away. Each divorce is different, and the circumstances unique, and in each divorce there are traps like this that can be taken advantage of by a divorcing spouse. At Shaw Law Firm, we understand the nuances of family law very well, and we welcome your inquiries and telephone calls. Thank you.
Again that depends on whether it’s a non-contested divorce with all terms settled or whether it’s a contested divorce. Contested divorces go anywhere for $2,500, $20,000, $30,000 or higher. I would say that if you have a contested middle class divorce, the average is between $5 and $20,000. If you have a contested divorce with an estate in the seven figure range, you’re probably talking $20 to $50,000 in cost. If you have an uncontested divorce in which all the terms are agreed to, we can usually do that for a flat fee of around $2,000.
By: Scott Shaw
Again that depends on whether it’s a non-contested divorce with all terms settled or whether it’s a contested divorce. Contested divorces go anywhere for $2,500, $20,000, $30,000 or higher. I would say that if you have a contested middle class divorce, the average is between $5 and $20,000. If you have a contested divorce with an estate in the seven figure range, you’re probably talking $20 to $50,000 in cost. If you have an uncontested divorce in which all the terms are agreed to, we can usually do that for a flat fee of around $2,000.
By: Scott Shaw
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