Posts by Scott Shaw
How Does Family Violence Impact a Child Custody Case?
When making a child custody order, the judge will consider a number of different factors, all of which impact the best interest of a child. Among these factors are a history of family violence, abuse, neglect, substance abuse, and criminal activity by either parent. If one parent has been convicted on a domestic violence charge,…
Read MoreHow Does a Survivor Benefit Election Affect the Division of Marital Assets in a Divorce?
In some Georgia divorce cases, particularly where the couple has been married for a significant period of time, one or both spouses may already be retired. If one spouse receives pension benefits, it may be that he has executed a survivor benefit election, meaning that that the surviving spouse would be able to continue collecting…
Read MoreWho Gets Custody of the Pets During a Divorce?
Although Georgia divorce law typically treats pets like personal property, you may view your pet as more of a family member or beloved companion rather than a piece of furniture. Over half of households own one or more pets, and children, as well as adults, often form strong attachments to their pets. When a divorce…
Read MoreFamily Law Cases and Alternative Dispute Resolution (ADR)
Alternative dispute resolution (ADR) consists of different techniques that are used to settle divorce or other family law proceedings without proceeding to trial. This process often allows parties to effectively resolve their differences and reach a settlement that is agreeable to both parties. It is also tends to be a far more cost-effective way of…
Read MoreHandling High-Income Divorces
If you are embroiled in a high-asset, high-income divorce, you need the assistance of a Georgia divorce lawyer who knows how to most effectively handle the complex issues that often arise from such a case. Whether your divorce case involves a celebrity, professional athlete, entertainer, or high-profile business executive, we have the skills to successfully…
Read MoreClaiming Children on Taxes During and Following a Divorce
When parents of a child divorce or separate, disputes may arise about which parent is entitled to claim the child as a dependency exemption on his or her federal income tax returns. The general rule for federal income taxes purposes, pursuant to 26 U.S.C.A § 152(e), is that the custodial parent, or the parent who…
Read MoreMilitary Pensions and Divorce
The division of one spouse’s military pension in a divorce is governed by the Uniformed Services Former Spouses’ Protection Act (USFSPA), 10 U.S.C. § 1408. In all states, including the state of Georgia, military pensions are subject to division in a divorce. Although a few states place restrictions on this division, the state of Georgia…
Read MoreDivision of Professional Practices in Divorce
When one spouse owns a professional practice, such as a law firm, dental office, accounting firm, or medical practice, dividing it up for the purposes of a divorce can be difficult, at best. The most complex part of dividing a professional practice, and the issue about which the parties argue most frequently, is placing a…
Read MoreInheritance and Divorces
Georgia divorce law provides, in general, that all property acquired during the marriage as the result of the efforts of the parties is marital property that is subject to equitable division between the parties. However, certain types of property, including an inheritance that was specifically received just by one spouse, normally qualify as non-marital property.…
Read MoreWhat is the Difference Between Sole Custody and Joint Custody?
Under Georgia law, sole custody is often awarded to one parent in a divorce or legitimation proceeding. This doesn’t necessarily mean that the noncustodial parent has no rights to the child; he or she will have visitation with the child as agreed by the parties or as ordered by the court, and still is responsible…
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