Posts by Scott Shaw
Discovery and Divorce
Both spouses in a Georgia divorce must disclose all of their financial information to each other, usually in the form of a financial affidavit that each must complete. In a divorce, there is basically no property or debt issue that is off-limits. All accounts, items of property, debts, and other assets must be fully disclosed…
Read MoreWhere and When to File for Divorce
You can get divorced in the state of Georgia by filing a complaint in the Superior Court of the county in which your spouse lives. You can file for divorce in the county in which you lived during your marriage, if your spouse left that county within the last six months before you file. If…
Read MoreGrandparent Visitation
Grandparents do not have an automatic right to visitation under Georgia law, but they do have the right to ask for visitation rights in certain situations. Under O.C.G.A. §19-7-3, a grandparent can file a petition with the court in order to specifically request visitation with their grandchildren, or join in an existing case for custody…
Read MoreDividing Stock Options and Executive Compensation in a Divorce
All marital property is subject to division upon divorce, but some items of property are much more difficult to divide than others. For instance, it is fairly easy to divide a bank account or a vehicle, or even real estate. However, stock options and executive compensation are much more complex to both value and divide.…
Read MoreCan I Continue to Run My Business During My Divorce?
Particularly if you and your spouse operate a profitable and successful business, you should do everything possible to set aside your emotions and continue to run the business, even if your marital relationship deteriorates to the point of divorce. While it may be very difficult to do so, in the long run, having a profitable…
Read MoreUse of Private Investigators
Winning a divorce or child custody case is largely about obtaining facts and presenting those facts in a believable manner to the judge. I often tell our clients it’s like building a jig-saw puzzle. We have a picture we want to put together for the judge to see, but it takes multiple pieces, all put…
Read MoreUncontested Divorces
Shaw Law Firm is not a divorce mill advertising $499 for uncontested divorces. The terrible truth is, after much experience in this area of law, most uncontested divorces are a misnomer, and at least one or two material problems arise in the vast majority of cases. The result is that the client is usually billed…
Read MoreThe Temporary Hearing: Often The Most Critical Stage of Your Case
The answer to what is the most critical and most important stage in a divorce or child custody case is often the temporary hearing in the majority of cases. As described below the temporary hearing is not the most critical part of every case as not all cases are well suited to a temporary hearing,…
Read MoreThe Pitfalls of Informally Modifying Court-Ordered Support Payments
The situation is a common one, but not always a positive one. For various reasons the two parties involved come to an informal (i.e. not court-ordered) agreement that their original court ordered child support or alimony payments will cease or be reduced. While their intentions may be good at the time, and their agreement may…
Read MoreAre Unvested Stock Options Marital Property?
The law in Georgia is clear that vested stock options earned during the marriage are marital property that is subject to equitable distribution (equitable distribution means they can be distributed to each party, but it is within the discretion of the court as what percentage each party will get). The issue will be resolved on…
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