Posts by Scott Shaw
What Are the Different Types of Pensions?
There are many different types of pensions, all of which may be subject to division in a Georgia divorce, provided that all or part of the pension is marital property. This typically means that the pension accrued at least some value during the parties’ marriage. A pension whose value was earned or accrued prior to…
Read MoreWhat Can I Expect at My Divorce Hearing?
All Georgia divorce decrees must address important issues such as property and debt division, alimony, and, if you and your spouse have children together, child custody, access or visitation, and child support, among other issues. If you and your spouse cannot agree on one or more of these issues, your divorce becomes contested and can…
Read MoreHow Am I Supposed to Get Divorced if I Cannot Locate My Spouse?
In any Georgia divorce, your spouse has a right to know that you have filed for divorce, where you have filed for divorce, and what you are requesting in your divorce. In order to ensure that your spouse knows all of these facts, you must properly serve your spouse with notice of your divorce proceedings…
Read MoreWhat Are the Different Types of Stock Options?
In very general terms, a stock option is a right that a corporation gives to an employee to purchase a certain number of shares of corporate stock for a set price during a specific period of time. Corporations often offer their employees stock options to give them special incentives to remain with a company, to…
Read MoreMy Husband and I Own Rental Properties. How Are They Divided in a Divorce?
If you and/or your spouse own rental properties, you must determine how to divide them upon your divorce. The first matter to determine is whether the rental properties were owned by one spouse prior to the marriage, or if the spouses acquired them after they were married. If the properties are separate property, then they…
Read MoreCan I Keep My Home and Pay Off My Spouse for His or Her Share of the Equity at a Later Date?
Probably the easiest way to divide up the marital home in a divorce is to sell the home and equitably divide the proceeds from the sale, particularly when neither you nor your spouse can afford to maintain it on your own. However, what if one spouse wishes to keep the marital home until a later…
Read MoreWhat is a Qualified Domestic Relations Order and How Does It Work?
When you are in the midst of a divorce, retirement plans may be the last thing on your mind. However, retirement plans or pensions may be the largest assets that you and/or your spouse own, and they are often subject to division during a divorce as marital property. Due to the potential impact on your…
Read MoreHow Are Witnesses Used in Divorce Hearings?
A witness may provide spoken testimony during any type of Georgia divorce hearing. These witnesses can be expert witnesses, such as therapists, psychiatrists, custody evaluators, or guardians ad litem. Witnesses also can other non-expert individuals, such as a relative of the parties, a caregiver for the parties’ child, or a teacher. However, witnesses can only…
Read MoreCan I Retroactively Modify My Alimony Award?
When alimony is ordered as part of a Georgia divorce, it is not unusual for one ex-spouse to request that the court modify their alimony order at some point in time following the divorce. This request for modification typically results from a significant change in the financial circumstances or income of one or both ex-spouses,…
Read MoreHow is a Beneficiary Designation Affected by Divorce?
All too often, individuals who are going or have gone through a divorce discover that they have failed to change a beneficiary designation on some sort of asset. In the worst case scenario, an individual passes away without having changed the designation, which causes a whole host of problems if the couple already has divorced.…
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