Posts by Scott Shaw
What NOT to Do During a Georgia Custody Case
While all Georgia child custody cases are different, there are some common tips that everyone should follow when involved in a child custody proceeding. In fact, avoiding the following actions and situations can be essential to winning your case: DON’T start a new relationship – or get pregnant. Try to resolve your divorce before you…
Read MoreShould You Represent Yourself in a Georgia Divorce Case?
Representing yourself in a Georgia divorce case can be a risky proposition, although it is possible in some cases. For instance, if you have been married for a short period of time and you and your spouse have no children, assets, or debts together, you may be able to get divorced fairly easily by completing…
Read MoreWhat Happens if My Ex-Spouse Doesn’t Pay Child Support as Ordered?
There are a number of remedies that may be available to you if the court has ordered your child’s other parent to pay child support, but he or she has failed to pay it as ordered. First, you can file a contempt of court action against the other parent in the court that previously issued…
Read MoreWho Gets the Vacation Home in a Georgia Divorce?
It is quite common for families to own a second home or vacation home, either in another part of Georgia or in a different state altogether. As a result, when the couple decides to divorce, they also must decide how to equitably divide the vacation home in their divorce. One simple solution is to sell the…
Read MoreWhat is a Domestic Relations Financial Affidavit?
Rule 24.2 of the Uniform Rules of the Superior Courts of the State of Georgia sets forth the specific form that each person who is involved in any type of domestic relations case must complete and serve upon the other party at least five days before any hearing is held by the court. This Domestic…
Read MoreShared Parenting Arrangements in a Georgia Divorce
While it is not the norm in the state of Georgia, true shared parenting agreements are possible where parents are able to work together effectively in order to share their children. There are two different types of custody – legal and physical. Legal custody refers to the authority and ability of parents to make important…
Read MoreWhat is the Difference Between a Prenuptial and Postnuptial Agreement?
Both prenuptial and postnuptial agreements govern the distribution of a couple’s property if the marriage ultimately ends in divorce. An engaged couple enters into a prenuptial agreement prior to their marriage. In most cases, the couple’s intent in entering into a prenuptial agreement is to protect their separate assets or items of property that each…
Read MoreCan Facebook Postings Be Used as Evidence in a Georgia Family Law Case?
Facebook, as well as other social media sites, can be a gold mine of information for divorce litigants in their attorneys. The reality is that people – and their significant others – tend to overshare on Facebook and similar sites, which gives information to the general public that will only hurt your child custody case.…
Read MoreWho Pays for Attorneys' Fees in a Divorce?
Under O.C.G.A. §19-6-2, a judge can order one spouse to pay the other spouse’s attorneys’ fees in a divorce proceeding. However, whether a judge grants your request for the payment of your attorneys’ fees is totally discretionary, or up to his or her judgment. The only factor that the judge must consider in ordering the…
Read MoreDoes Georgia Law Provide for Common Law Marriage?
Common law marriage is a term that is used to describe a relationship that has existed for a significant period of time, during which a couple lives together and holds themselves out as man and wife. However, the couple has never legally married with a marriage license and ceremony. There are only a handful of…
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