Posts by Scott Shaw
What is a Typical Parenting Plan for Infants or Very Small Children?
Every family situation following a divorce or separation is unique. Therefore, what may be a typical parenting schedule for one family may be quite different for another family. Creating a parenting plan for an infant or a very small child during your divorce or paternity case is complicated. There are considerations that simply may not…
Read MoreWhat Happens if a Marital Debt Isn’t Addressed in My Divorce?
Just like property or assets, Georgia law classifies debts as marital or separate. Marital debts are typically those that are incurred by either spouse during the marriage. A debt is considered to be a marital debt even if it is only in one spouse’s name, so long as it was incurred during the marriage. Separate…
Read MoreMy Ex is Filing for Bankruptcy. Will He or She Get Out of Paying Me Child Support and Alimony?
The Bankruptcy Abuse Prevention and Consumer Protection Act of 2005 (BAPCPA) changed the law with respect to the discharge of domestic support obligations in bankruptcy proceedings. Prior to this law being enacted, individuals often were able to avoid paying obligations that they had agreed to or been ordered to take on in a divorce simply…
Read MoreMarital Assets That You May Overlook in Your Divorce
Divorce proceedings are difficult, both financially and emotionally, and with all of the issues and questions swirling around in your head, night and day, it can be easy to forget about some of the property that you own that qualify as marital assets. When an individual is listing marital assets, he or she always remembers…
Read MoreIs There Anything Else That I Need to Do After My Divorce is Final?
Once the dust has settled and the judge has signed your divorce decree, you may be tempted to breathe a sigh of relief that you no longer have to deal with your ex-spouse or any of the issues that were dealt with in your divorce. However, it is rarely that simple to resolve all divorce-related…
Read MoreMy Wife Had a Child With Another Man While We Were Still Married. Am I Financially Responsible for that Child?
If a child is born during marriage, it is presumed that the husband is the biological father of the child. Most of the time, this is the case. But what happens when the child is actually another man’s biological child? This situation arises more often than you might think. A wife may have an affair…
Read MoreHow Do I Know Where to File for Divorce?
In order to file for divorce in the state of Georgia, either you or your spouse (or both) must have been a resident of Georgia for at least six months. If both you and your spouse live in the same Georgia county, you will file for divorce in the county in which both of you…
Read MoreHow Does My Spouse Get Notice That I Have Filed for Divorce?
Your spouse typically will receive notice that you have filed for divorce when a county sheriff or a private process server personally “serves” or delivers a copy of the divorce complaint to him or her. Once the sheriff or server gives your spouse a copy of the complaint, he or she will fill out a…
Read MoreCan I Still Get Custody of My Child if I Have to Travel A Lot for Work?
If you and your child’s other parent are unable to reach a satisfactory agreement as to the custody of your child, it will be up to the court to decide the best custody arrangement and parenting plan for your child. Any custody decision is based on the best interest of the child standard, which encompasses…
Read MoreWhat Do I Do if My Ex Won’t Let Me See My Child?
All too often, a custodial parent refuses to let a child go with the other parent for visitation. This situation can arise for a variety of reasons. For instance, the custodial parent may believe that allowing the child to go for visitation is not in the child’s best interests. The custodial parent may be angry…
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