Marital Settlement
Are Gifts to a Spouse Still Considered to be Marital Property?
The attorney you retain makes a big difference in many divorce cases. I have seen this repeatedly, as I am often the second or third attorney on a case trying to fix the mess that preceded me. One of the reasons: the law is complicated and not as straightforward as it looks on the surface.…
Read MoreA Word from Scott Shaw: The Troubling Trend to Award Alimony in Lieu of Non-Marital Disability Pension is Addressed by the Georgia Supreme Court
The fact pattern is a familiar one. Husband or Wife serves in the United States Army, Navy, Air Force, or Marines. They are wounded in service and are voluntarily or involuntarily released from the military with a disability rating. This rating directly relates to the amount of disability pay they’re eligible to receive. Disability pay,…
Read MoreA Word from Scott Shaw: Do I Really Need Prenuptial Agreement and Is it Enforceable?
Marriage is a serious legal matter. It changes the legal standing of two parties to largely become one economic unit. What he makes is also hers, and what she makes is also his. But it can also put spouses at risk, should the marriage end, of paying alimony to the other spouse, attorney’s fees, and…
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 MoreA Word from Scott Shaw: Military Retirement Benefits and Divorce – Are You Really Getting 50%?
In legal terms, military retirement benefits are generally considered marital property. You may come across the mention of 10 years when researching what happens in a divorce. Whether you’ve been married 10 years or less, all the timeframe signifies is that the military will not automatically withhold a spouse’s share of a military retirement until…
Read MorePets are Family: Shared Custody of Pets
There is no doubt about it: pets are family. It’s estimated that households in the U.S. will spend $99.0 billion on their pets, including treats and food, vet care, and other services. But what happens in the event of a divorce or breakup when precious family pets, such as cats or dogs, are loved and…
Read MoreCan the 401(K) or Other Retirement Account You Had Before Marriage Be Considered in Your Divorce?
In the State of Georgia, in a divorce, the assets of the marriage are equitably divided. This also means is that assets not of the marriage (or non-marital assets) are not divided and remain the property of the spouse who brought the asset into the marriage. Among these assets, 401(k) accounts and other retirement accounts are often the largest and…
Read MoreA Word from Scott Shaw: The Important and Hidden Reasons for a Prenup
Prenuptials are agreements made before marriage that define how the marital and premarital estate will be divided by a Georgia Superior Court in the event of a divorce. It can define what assets will remain your separate, non-marital assets, what assets will become marital assets (and how that is to be defined), and it can determine…
Read MoreTo Settle or Not to Settle, That is the Question
There are but two options in finalizing a divorce: Negotiate and settle on the division of property and assets and on custody questions Litigate in court, typically before a judge but occasionally before a jury. Some individuals begin the process determined to settle, but if their former partner is unwilling to compromise, litigation becomes the…
Read MoreAre the Mahr Provisions in Islamic Marriage Contracts Enforceable in Georgia Divorce Cases?
Love knows no bounds and as a result, neither does family law. Family law issues frequently cross state and even international boundaries. Shaw Law Firm understands many of the delicate issues that arise when divorce or custody issues cross international lines, and are adept at handling them fairly for their clients. One such issue: in…
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