Posted On: November 25, 2008

Uncontested Divorce? Really?

"My Divorce will be very simple, we are not fighting about anything." This is the beginning of the vast majority of the inquiries an uncontested divorce. Unfortunately, after asking a few questions of the prospective client, I usually tell them, "My friend, you have just not found out what you are fighting about yet." The reality is, no one wants to pay a lawyer by the hour to handle their divorce. Needless to say, I have yet to understand why people have a reluctance to pay me and my fellow members of the bar. ;-) Seriously though, when I begin questioning them with specificity on issues of child support, custody, division of assets and liabilities, it often dawns on them that what appeared as an open and shut matter, is now more complicated. Unfortunately, a professional hazard of a Divorce Attorney in Atlanta, or any other jurisdiction, is that we get to focus on the worst case scenarios. What can go wrong, often does, and proper planning and, yes, the spending of precious financial resources is usually necessary to avoid major problems going forward.

Bottom line, when an uncontested divorce is possible, we try to achieve it. However, when the facts presented do not lend themselves to a quick and relatively painless process, we prepare the client for the eventualities of the Divorce process; while keeping our eye on the bottom line financial reality of the individual client.

Remember, we offer free consultations on the phone and can usually get an idea of potentially how complicated your family law matter will be in a fairly short time. Give SHAPIRO LAW GROUP a call at 770.604.9292 or send me an e-mail.

Posted On: November 24, 2008

Why We Get Divorced

I spend an awful lot of time contemplating Divorce From a business prospective and from a sociological view, Divorce occupies a great deal of my waking time. How we get together, why we split apart, it alternately fascinates and horrifies me. I guess it is hazard of my chosen profession, but, as an Atlanta Divorce Attorney, their are very real implications that need to be explored. In surfing the net recently, I stumbled across a posting on another site that contained an article citing a study from the Center for Disease Control that indicates that Forty-Three Percent Of First Marriages Break-Up Within 15 Years. It also indicated that that one in three first marriages end within ten years and one in five end within five years. While the findings are based on data from the 1995 National Survey of Family Growth, a study of 10,847 women 15-44 years of age and are of questionable timeliness, it did get me thinking about how our society views marriage, and subsequently divorce. (To read the entire article click here )

After practicing for nearly fifteen years and having gone through my own divorce ten years ago, my observational opinion is that two specific factors have led to the increase in the divorce rate is the rise of the two income homes and the increase in our life expectancy.

The first cause, the increase in two income homes, is really just another way of saying that our lives have grown increasingly complicated and hectic and failures to communicate (even if it is just that you do not have the time to communicate) are a sure fire way to end up in front of me, or one of my brethren of the bar. With both parents working, time to talk and parent comes at a premium and often take a back seat to the pressures of modern life.

Secondly, I think our concept of "until death do we part" was coined and incorporated into our national psyche generations ago, when the average person did not expect to easily live to over 77 years of age. Today, I often get clients in my office that are 50+ years old, have been married for in excess of 25 years and feel that they have 25-30 "good" years left and they want to find some new happiness. I truly believe that this is one of the root causes of what appears to be disposable marriages.

Of course, this is just my opinion. I could be wrong ;-)