Posts by Scott Shaw
Is it legal to make audio or video recordings of my spouse in the state of Georgia?
This is an often-asked question in divorce and child-custody cases. In the State of Georgia, it is legal to record telephone calls, if, and ONLY IF, you are a party to the call, and not just someone trying to eavesdrop. If you are on the line, and everyone knows you are on the line, you…
Read MoreIs Keeping the Peace over the Holidays a Battle with Your Ex-Spouse?
The holiday season is fast approaching and with it comes the excitement and stress of gift buying, decorating, and increased family and social gatherings. The kids get excited with Halloween and everything ramps up from there! As parents, we can’t help but get excited for our children, even as our workloads increase to deal with…
Read MoreIs My Spouse is Concealing Assets?
Financial infidelity is regrettably common in marriages, especially when one partner is not involved with paying bills, managing cash flow, or working with the financial advisor. When the marriage ends in divorce, the spouse who handled the finances often tries to hide cash and investments and falsify debts and expenses. If you have always left…
Read MoreTo Settle or Not to Settle, That is the Question
There are but two options in finalizing a divorce: Negotiate and settle on the division of property and assets and on custody questions Litigate in court, typically before a judge but occasionally before a jury. Some individuals begin the process determined to settle, but if their former partner is unwilling to compromise, litigation becomes the…
Read MoreDoes a Divorce Affect the Green-Card Status?
Over the years, Shaw Law has assisted in a number of divorce proceedings for international marriages in which one spouse is American and the other is non-American. In the instance where American and non-American spouses wish to end their marriage, it is important to ensure that their altered marital status will not hinder the non-American’s…
Read MoreFive Financial Mistakes to Avoid During the Divorce Process
You set out to have an “amicable” divorce; you talk to friends, to colleagues and even to the clergy and “thought” you were prepared. But this is an extremely emotional time and it is easy to overlook financial details that could affect you for years after your divorce. Here are the top five financial mistakes made by divorcing parents, along with advice on…
Read MoreThree Unique Issues Involving Same-Sex Divorce in Georgia
In Georgia, the process for a same-sex divorce works just like divorce for heterosexual couples. The same issues of whether a divorce will be contested or uncontested, the ability to have access to mediation, the right for a legal separation, and more, now apply equally to all married couples. But here are three topics to…
Read MoreAre the Mahr Provisions in Islamic Marriage Contracts Enforceable in Georgia Divorce Cases?
Love knows no bounds and as a result, neither does family law. Family law issues frequently cross state and even international boundaries. Shaw Law Firm understands many of the delicate issues that arise when divorce or custody issues cross international lines, and are adept at handling them fairly for their clients. One such issue: in…
Read MoreMy Husband Inherited a Family Business During Our Marriage. Do I Get Part of the Business if We Get Divorced?
As a general rule, Georgia law considers marital property to be any property obtained by either spouse during the marriage. Marital property therefore can be divided between the spouses during a divorce. Separate property, on the other hand, is usually property that one spouse acquired prior to the marriage. While this distinction seems to be…
Read MoreAm I Responsible for My Wife’s Student Loan Debts?
Debts and property are only subject to division during a Georgia divorce if they qualify as marital property, or property that was obtained by either party during the marriage. Marital property is subject to equitable division in a divorce. However, separate property, or property obtained by either party prior to the marriage, is not subject…
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