Posts by Scott Shaw
What 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…
Read MoreAre Gifts to a Spouse Still Considered to be Marital Property?
The attorney you retain makes a big difference in many divorce cases. I have seen this repeatedly, as I am often the second or third attorney on a case trying to fix the mess that preceded me. One of the reasons: the law is complicated and not as straightforward as it looks on the surface.…
Read MoreIs Parental Alienation Theory Scientific and Admissible in Georgia Courts?
Parental alienation is the concept that one parent can influence their children to– irrationally and without cause — dislike, fear, hate, and even despise their other parent. Children who are victims of parental alienation usually have a difficult time even articulating why they dislike the other parent. This concept was first coined by Dr. Richard…
Read MoreDo I Need to Worry About Retroactive Child Support in my Paternity Case?
Here is a question often asked by fathers seeking information in paternity or legitimation cases. Can mothers get retroactive child support? The short answer is no. Georgia child support laws only allow for the prospective award of child support. That means only after a paternity or legitimation case is filed can an award of child support…
Read MoreLGBTQ+ Marriage and Divorce in Georgia: Know Your Rights
In 2015, the supreme court ruled in the Obergefell v. Hodges making marriage equality the law throughout the country. Unsurprisingly, with same-sex marriage comes same-sex divorce in some cases, and it’s essential to know your rights as an LGBTQ+ person in Georgia. Spouses in same-sex marriages are afforded the same legal rights as their opposite-sex counterparts,…
Read MoreCo-Parenting at Different Ages: 13 to 18-Year-Olds
For every child, co-parenting styles need to evolve. Their developmental needs will change as they grow. In this fifth and final installment of our series about co-parenting children at different ages, we’ll look at the teenage years and how you should adjust accordingly. What do you need to know about co-parenting a teen? Here are…
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