Posts by Scott Shaw
Steps in a Georgia Divorce Timeline
Although it only took a moment to say, “I do,” it could take six months to a few years to undo a marriage through a divorce. Although you may be eager to split apart, careful consideration and planning is necessary to achieve a more favorable outcome for you. 1.File a Petition for Divorce – The…
Read MorePalimony in the State of Georgia
‘Palimony’ is a commonly adopted term for the equivalent of alimony for previously cohabitating but unmarried couples in the state of Georgia. The majority of states do not recognize palimony, although a handful do, based on certain circumstances. Georgia has rejected palimony as a cause of action, giving people incentive to actually marry instead. Thus,…
Read MoreLegal Separation or Divorce?
Is there ever a time when a legal separation would be better than divorce? Although both can cover much of the same ground in terms of children, property and finances, we encourage our clients to file for divorce except in rare cases. In a divorce there is the complete legal severing of the marriage, leaving…
Read MoreWhat if my Spouse Won’t Cooperate Regarding the Divorce?
Divorce is rarely a simple process even with the best intentions, so it is not unusual that there may be objections or stalling for time by the other party, and possible unusual challenges, such as locating them to notify them of your intention. Often the question arises about what will happen if the other party…
Read MoreParental Alienation
I have written on the topic of parental alienation multiple times over the years. Recently I received a call from a colleague asking for advice on how to handle a case that he had, and a few days later a new client with a case with disturbing fact patterns that screamed of parental alienation retained…
Read MoreWhat Happens When You Don’t Answer a Georgia Divorce Petition or Other Family Law Complaint?
People have many reasons why they may not file an Answer when served with a Complaint for Divorce or some other family law pleading. None of these reasons matter. If you want to protect yourself, you must file an Answer. Not filing an Answer does not slow down or halt proceedings in any way. If…
Read MoreFraudulent Conveyance
In divorce law in Georgia sometimes a spouse will try to convey (give away or sell) property such as a home or stock, or the rights to a patent, or any piece of property, to keep it from their spouse should they ever divorce. Often this sale of property will be to a family member…
Read MoreHome Rights of Unmarried Cohabitants
If you are unmarried and cohabitate with your partner in their home, do you have any rights or financial interest in the home? First, under Georgia law, you are considered an at-will tenant and cannot be kicked out of the house. You can only be removed by the legal process of eviction. As to ownership…
Read MoreIs a Divorce Agreement to Pay Child College Expenses Modifiable?
Georgia courts cannot order a parent to pay for a child’s college expenses because they do not have the power to order child support past the age of 18 years, unless the child is enrolled full-time in high school, and then until no later than the child no longer being enrolled (dropped out or graduated),…
Read MoreWomen: Preparing to File for Divorce
The possibility of filing for divorce may seem confusing, intimidating, or even terrifying. Unfortunately, many women who file for divorce may be met with hostility by narcissistic husbands who ignore their wives’ contributions to the family—and these men may lash out in response. For this reason, it’s vital that women are financially, emotionally, and physically…
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