Posts by Scott Shaw
Vehicles and Vehicle Loans in Your Divorce
Any vehicles that you obtain during your marriage, or that you use marital funds to pay for, can constitute marital property under Georgia law. All marital property, including vehicles, can be equitably divided by the court in a divorce. However, when vehicles are encumbered by vehicle loans, the couple also must deal with payment of…
Read MoreWhere and When to File for Child Support
There are a few different ways that you can go about filing for child support in the state of Georgia, depending on the facts and circumstances surrounding your situation. First, if you are married, you have the right to file for divorce or legal separation and ask for a child support order through those proceedings.…
Read MoreValuation of Businesses During a Divorce
One of the most difficult tasks in a divorce can be placing a value on a family-owned business, and then determining how to divide its value equitably between the spouses. This can be one of the most contentious and complex issues before the court in a Georgia divorce, simply because the process can involve so…
Read MoreStocks Options and Divorce
A stock option is the right of an employee to purchase a certain amount of shares of his or her employer’s company stock at a specific time and for a fixed price. The employee is not required to purchase the stock, but can do so whenever he or she chooses to do so. Many large…
Read MoreWhat are the rights of unmarried fathers and unmarried mothers?
Unmarried Georgia Fathers have no rights and must legitimate or have their paternity established, and then get a child custody order from the court to gain their rights. There is no other answer, even if you’re on the birth certificate, even if you have a DNA test. If you signed an Acknowledgment of Paternity, you…
Read MoreWhat if there is abuse, sexual abuse, molestation, physical abuse, or mental health issues in a Georgia child custody case and supervised visitation is needed?
Georgia’s child custody statute specifically requires that a court in a child custody case to consider a child or a parent who is a victim of family violence, and to consider the history of a parent’s sexual, mental, or physical child abuse. In any such case, it is critical that the child is given a…
Read MoreHow can mothers win custody of their children in Georgia courts?
How do mothers win custody of their children in Georgia courts? The answer is you do so by following the law. In particular you need to under how the “best interest of the child” is defined under Georgia law. This is the same thing that I discuss under FAQ topic “how can father’s win custody…
Read MoreHow can fathers win custody of their children in Georgia courts?
How do fathers win custody of their children in Georgia courts? The answer is you do so by following the law. In particular you need to under how the “best interest of the child” is defined under Georgia law. The best interest of a child is not just what a judge thinks it is. The…
Read MoreHow does a Georgia court decide child custody? Or in other words, what does "best interest" of a child really mean under Georgia law?
There is no term under the law that is more taken for granted than “best interest” of the children in a Georgia child custody case. We all know that a court awards custody of a child based upon the child’s “best interest”. But what does best interest of the child actually mean in an Atlanta…
Read MoreWhat is Joint Physical Custody in Georgia?
Joint Physical Custody is sharing between parents of where their children live. There are two specific types of child custody in the State of Georgia. The two types of custody are “legal” custody and “physical” custody. Legal custody is the power to make major decisions for a child related to the child’s health and moral…
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