Posts by Scott Shaw
Why Should You Consider a Prenup before a Second Marriage?
There are a lot of things to consider if you’ve been married before and want to be married again. Something that can protect you in the future is signing a prenuptial agreement. Most people are aware of the concept, but in short, it’s a legal document written before marriage that specifies the ownership of assets…
Read MoreA Word from Scott Shaw: The Right to Notice in Contempt Proceedings
The number one question I’m asked is if I’m a fighter and will I fight for my clients. The answer is, of course, yes. It’s what I do. But the answer is not always that simple. You don’t want an attorney who talks big, talks a lot, yells, is abusive, or is in your face. What you really want is…
Read MoreA Word from Scott Shaw: Can a 14-Year-Old Really Choose Not to Visit Their Other Parent?
Under Georgia’s new custody law, a 14-year-old can choose who he or she wishes to live with and that decision is not dispositive, but is presumptive. This means the Court will likely uphold their choice unless there’s a very good reason as to why the child’s choice is not in the child’s best interests. We’ve written several articles on…
Read MoreThe Demographics of Second Marriages and the Indicators of Success
If you’ve been divorced, you understand how terrifying it is to consider a new relationship. Add to that the idea of getting married again and you may be even more hesitant. But there are circumstances where a second marriage can achieve the relationship satisfaction that you were unable to get the first time around. Looking…
Read MoreA Word from Scott Shaw: My Unmarried Partner Has Earned Millions During Our Relationship. Am I Entitled to Any of It?
Marriage is a serious legal thing. It changes the legal standing of two parties so that they largely become one economic unit. What he makes, is also hers, and what she makes is also his. There are some nuances and exceptions we don’t need to tackle here. In the end, if one party to a…
Read MoreWhen Can I Modify Child Support?
Under Georgia law, child support can be modified upon any material change of circumstances in the parent’s income or financial status or the needs of the child. That’s a lot of language for an attorney to work with. In short, it means if the other parent’s income goes up or down, there are grounds to…
Read MoreHidden Assets in Divorce and How to Find Them: Bitcoin and Cryptocurrencies
Technology is constantly evolving. When I began law school typewriters and carbon paper were still used in law offices. Though, it was rare – I’m not that old. Today, we work in The Cloud and I personally love doing Zoom trials. Money is no longer just cash, check, or credit. Just like Zoom has become normal…
Read MoreImputing Earning Capacity for Child Support, Alimony, Equitable Distribution, and Attorney’s Fees Issues
It’s a common problem in child custody and divorce cases. One party is underemployed or unemployed, often for a long time. They may indicate they’re unable to get a job because of their child’s schedule. They’re insistent that minimum wage is their only option for income. At the same time, you’re working hard and feel like…
Read MoreA Word from Scott Shaw: Can Visitation be Withheld if Child Support is Not Paid?
“Can I withhold visitation if child support is not paid?” I hear this question a lot. Along with it, there are two related questions: Can I withhold child support if visitation or parenting time withheld? Can I hold a child over in an emergency in violation of a custody order? The answer is found in…
Read MoreA Word from Scott Shaw: Are Courts Working with Covid-19 Still Out there?
Is the court system still working for divorce, paternity, legitimation, child support, and contempt cases given that Covid-19 has closed so many things down in the State of Georgia? The short answer to this question is yes, but they’re also working differently. As an example, you can still get domestic abuse protection order as magistrate…
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