Division of Property
Who 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 More
Military 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 More
Division 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 More
Inheritance 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 More
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 More
Dividing 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 More
Can 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 More
Are 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…Read More
Division of Assets – Placing Your Spouse's Name on Property You Owned Prior to Marriage
Hello, my name is Scott Shaw, founder and principle of Shaw Law Firm, LLC. A law firm founded in 1995. Child custody, along with divorce and other areas of family law are our only area of legal practice. We don’t accept any other types of cases. In this video I will be discussing the topic…Read More
In a divorce proceeding the value of a business is often at issue because the value of a business that was operated during the marriage may be subject to division by the court. If a business has value (real or manufactured in someone’s imagination) the non-business running spouse may be awarded up to 50% of…Read More