Dividing automobiles is sometimes simple. If the automobile is in each respective parties names and each respective party owes the debt in the automobile, then that’s not a problem. The problem comes, not from the title on the automobile which can easily transfer, the problem comes by whose name is on the debt that financed the automobile because absolutely, unless there’s no other choice, you do not want to give your ex-spouse the car that you’re liable to owe the money on. That just leads to bad consequences and that’s an issue we need to address in many divorces.
By: Scott Shaw
Dividing automobiles is sometimes simple. If the automobile is in each respective parties names and each respective party owes the debt in the automobile, then that’s not a problem. The problem comes, not from the title on the automobile which can easily transfer, the problem comes by whose name is on the debt that financed the automobile because absolutely, unless there’s no other choice, you do not want to give your ex-spouse the car that you’re liable to owe the money on. That just leads to bad consequences and that’s an issue we need to address in many divorces.
By: Scott Shaw
Hello. My name is Scott Shaw, founder and principal of Shaw Law Firm, LLC. A law firm I founded in 1995. Child custody along with divorce and other areas of family law are our only area of legal practice. We do not accept any other types of cases.
In this video, I will be discussing the topic of appeals. What happens when the trial judge gets it wrong? It is very frustrating and can be very disillusioning actually, as we believe trial judges know the law and will apply the law properly. And for the most part they do. However when they don’t, what happens? The answer is you appeal.
In the past three months alone, we have won appeals and have overturned the decisions of three different trial judges. And we expect to win a fourth one shortly. In some of these cases, the law is rather plain and clear, at least to me, and yet the judge decided otherwise. So we appeal these cases to try to fix these things. It can be disillusioning to have to deal with an appeal. You feel like you did something wrong, or you lost the case. But that is not always the case.
As an example, one appeal that we just won involve a case where the trial court personally sanction me. Why? Because I made a legal argument that happened to be right. But the court thought it was wrong, and the opposing attorney to this day still does not understand it. Yet to me it was simple and straightforward, and I knew I was right. So sure enough we appealed it. And on appeal, not only did the judge of the supreme court overturn the sanctions against me, the court also said I was right. My client won the case.
So long and short, sometimes trial courts do not get it right. And when they do not, we still have our remedy, and we can still win the case. At Shaw Law Firm we have a track record of successfully handling appeals, and we welcome your inquiries regarding that. Keep in mind that to appeal the decision, there are tight deadlines. Usually you have to file your endorsed appeal no later than 30 days from the date of entry of the order that you want to appeal. We will be happy to speak with you regarding any potential appeal issue that you may have. Thank you.
By: Scott Shaw
Hello. My name is Scott Shaw, founder and principal of Shaw Law Firm, LLC. A law firm I founded in 1995. Child custody along with divorce and other areas of family law are our only area of legal practice. We do not accept any other types of cases.
In this video, I will be discussing the topic of appeals. What happens when the trial judge gets it wrong? It is very frustrating and can be very disillusioning actually, as we believe trial judges know the law and will apply the law properly. And for the most part they do. However when they don’t, what happens? The answer is you appeal.
In the past three months alone, we have won appeals and have overturned the decisions of three different trial judges. And we expect to win a fourth one shortly. In some of these cases, the law is rather plain and clear, at least to me, and yet the judge decided otherwise. So we appeal these cases to try to fix these things. It can be disillusioning to have to deal with an appeal. You feel like you did something wrong, or you lost the case. But that is not always the case.
As an example, one appeal that we just won involve a case where the trial court personally sanction me. Why? Because I made a legal argument that happened to be right. But the court thought it was wrong, and the opposing attorney to this day still does not understand it. Yet to me it was simple and straightforward, and I knew I was right. So sure enough we appealed it. And on appeal, not only did the judge of the supreme court overturn the sanctions against me, the court also said I was right. My client won the case.
So long and short, sometimes trial courts do not get it right. And when they do not, we still have our remedy, and we can still win the case. At Shaw Law Firm we have a track record of successfully handling appeals, and we welcome your inquiries regarding that. Keep in mind that to appeal the decision, there are tight deadlines. Usually you have to file your endorsed appeal no later than 30 days from the date of entry of the order that you want to appeal. We will be happy to speak with you regarding any potential appeal issue that you may have. Thank you.
By: Scott Shaw
In a divorce, retirement funds may or may not be marital assets, and that’s a complicated issue. But generally speaking, if you earned the retirement asset while you were married it will be marital property, and, therefore, it will be subject to division under equitable distribution. 401K accounts through a process called a QDRO – Qualified Domestic Relations Order – can be transferred tax-free to the other spouse so you don’t have to worry about tax consequences.
Fixed benefit pensions can also be transferred through a qualified domestic relations order of a different type, and can be transferred tax-free. Military pensions can also be transferred. Now, military pensions and federal pensions have their own unique aspects to them, but they can all be divided in a divorce. So, generally speaking, if the retirement funds are considered marital property, they are subject to division in a divorce.
In a divorce, retirement funds may or may not be marital assets, and that’s a complicated issue. But generally speaking, if you earned the retirement asset while you were married it will be marital property, and, therefore, it will be subject to division under equitable distribution. 401K accounts through a process called a QDRO – Qualified Domestic Relations Order – can be transferred tax-free to the other spouse so you don’t have to worry about tax consequences.
Fixed benefit pensions can also be transferred through a qualified domestic relations order of a different type, and can be transferred tax-free. Military pensions can also be transferred. Now, military pensions and federal pensions have their own unique aspects to them, but they can all be divided in a divorce. So, generally speaking, if the retirement funds are considered marital property, they are subject to division in a divorce.
Under Georgia law, there are 13 different reasons for a divorce and reason number 13 says the marriage is irretrievably broken and there’s no chance to patch it up. That’s all you need to do. You need to allege that the marriage is irretrievably broken and you can’t patch it up. Now your spouse can actually contest even that issue, but it’s not done very often. In the end, you really don’t need a reason other than you guys can’t get along anymore.
But if you have a reason, there are 12 other reasons as well such as adultery, cruelty, drug abuse, and many other factors that are sometimes relevant to a divorce. Quite often, we take this issue for granted because it’s just a routine issue and no one is going to contest the need for the divorce, but in the right case, the grounds for divorce can be very critical.
By: Scott Shaw
Under Georgia law, there are 13 different reasons for a divorce and reason number 13 says the marriage is irretrievably broken and there’s no chance to patch it up. That’s all you need to do. You need to allege that the marriage is irretrievably broken and you can’t patch it up. Now your spouse can actually contest even that issue, but it’s not done very often. In the end, you really don’t need a reason other than you guys can’t get along anymore.
But if you have a reason, there are 12 other reasons as well such as adultery, cruelty, drug abuse, and many other factors that are sometimes relevant to a divorce. Quite often, we take this issue for granted because it’s just a routine issue and no one is going to contest the need for the divorce, but in the right case, the grounds for divorce can be very critical.
By: Scott Shaw
An equitable division of property in a divorce in the state of Georgia, one of the most important complicated issues is often if there is a family business. Can you keep the business running? How do you divide the value of the business? And rest assured, a family business is a marital asset that can be divided, and it’s one of the most contested issues you will come into. Sometimes it’s as simple as just getting an appraiser and putting a value on it. Of course how you value the business, that’s another issue. And sometimes you can be creative.
For example, we had a case where my client inherited the business when they got married. It was a 20-year marriage, so 20 years ago. It was her family’s business. And her husband actually was president of the business for 20 years, and he demanded a certain amount of money to be paid for his share of the business that would have bankrupted the family business that she inherited from her parents, that her parents inherited from their parents.
So we got creative, and we had the business appraised going back from 20 years ago, the value at the time she inherited it and was married, and we adjusted it for the rate of inflation. And sure enough he still mismanaged the business, that over 20 years the business adjusted for inflation only increased by $25,000.
So that’s what we offered him, and the judge agreed with us. So on the right case you can be creative, and you can save the family business. But in general, if you have the family business to deal with, you have a lot of complicated issues that have to be addressed, and you need someone who knows what they’re doing to address them. And at Shaw Law Firm we are happy to take your telephone calls or inquiries. Thank you.
By: Scott Shaw
An equitable division of property in a divorce in the state of Georgia, one of the most important complicated issues is often if there is a family business. Can you keep the business running? How do you divide the value of the business? And rest assured, a family business is a marital asset that can be divided, and it’s one of the most contested issues you will come into. Sometimes it’s as simple as just getting an appraiser and putting a value on it. Of course how you value the business, that’s another issue. And sometimes you can be creative.
For example, we had a case where my client inherited the business when they got married. It was a 20-year marriage, so 20 years ago. It was her family’s business. And her husband actually was president of the business for 20 years, and he demanded a certain amount of money to be paid for his share of the business that would have bankrupted the family business that she inherited from her parents, that her parents inherited from their parents.
So we got creative, and we had the business appraised going back from 20 years ago, the value at the time she inherited it and was married, and we adjusted it for the rate of inflation. And sure enough he still mismanaged the business, that over 20 years the business adjusted for inflation only increased by $25,000.
So that’s what we offered him, and the judge agreed with us. So on the right case you can be creative, and you can save the family business. But in general, if you have the family business to deal with, you have a lot of complicated issues that have to be addressed, and you need someone who knows what they’re doing to address them. And at Shaw Law Firm we are happy to take your telephone calls or inquiries. Thank you.
By: Scott Shaw
Probably the next most common question I’m asked about equitable distribution is how do you handle 401ks, IRAs, and other retirement accounts? Well one thing to know is if you have a 401k account, it is subject to be divided during divorce at least the marital portion of it, and it can be divided tax free through what’s called a Qualified Domestic Relations Order or a QDRO.
IRAs on the other hand can be divided tax free again, but you don’t need a QDRO to do it. You can do it administratively and normally through whatever brokerage account holds your IRA account. Other pension plans say like a fixed benefit plan where you get a certain amount per year after you retire, those two are subject to be divided once you determine what the marital portion is, and usually those are divided again through a QDRO that is called the same thing but it’s a bit different than a QDRO used to divide a 401k. All these assets can be divided tax free in a divorce.
Probably the biggest issue is just determining what the marital portion of these accounts are. Do not assume just because you don’t have a 401k that your spouse does not because you have an equitable interest in any 401k amounts of money accumulated during the marriage.
By: Scott Shaw
Probably the next most common question I’m asked about equitable distribution is how do you handle 401ks, IRAs, and other retirement accounts? Well one thing to know is if you have a 401k account, it is subject to be divided during divorce at least the marital portion of it, and it can be divided tax free through what’s called a Qualified Domestic Relations Order or a QDRO.
IRAs on the other hand can be divided tax free again, but you don’t need a QDRO to do it. You can do it administratively and normally through whatever brokerage account holds your IRA account. Other pension plans say like a fixed benefit plan where you get a certain amount per year after you retire, those two are subject to be divided once you determine what the marital portion is, and usually those are divided again through a QDRO that is called the same thing but it’s a bit different than a QDRO used to divide a 401k. All these assets can be divided tax free in a divorce.
Probably the biggest issue is just determining what the marital portion of these accounts are. Do not assume just because you don’t have a 401k that your spouse does not because you have an equitable interest in any 401k amounts of money accumulated during the marriage.
By: Scott Shaw
After you’ve been served, you have 30 days to file an answer, and this is not something that you can or should ignore. If you do not file an answer, the other party can proceed forward, and after 45 days, ask the court to take a default judgment against you, which is not something you want to do. If you’ve been served with legal papers, you need to immediately contact an attorney, seek advice, and start planning on how to respond. It may be a case that perhaps we can settle quickly, or maybe a case that will be required to be contested. Contact an attorney immediately.
By: Scott Shaw
After you’ve been served, you have 30 days to file an answer, and this is not something that you can or should ignore. If you do not file an answer, the other party can proceed forward, and after 45 days, ask the court to take a default judgment against you, which is not something you want to do. If you’ve been served with legal papers, you need to immediately contact an attorney, seek advice, and start planning on how to respond. It may be a case that perhaps we can settle quickly, or maybe a case that will be required to be contested. Contact an attorney immediately.
By: Scott Shaw
In equitable division, stock options are subject to be divided in a divorce. Now, stock options can be a very complicated asset to divide. Not all employer plans actually allow stock options to be divided to each party, so you often have to determine what the monetary value of the stock option is to make sure the options can be divided.
Sometimes, you have to become a trustee for your spouse. A very complicated issue, and often is very hotly contested, is what if there are contingencies to be awarded of your stock option or other investment vehicle. For example, let’s say you have options that you’ve been awarded, but you only get them if you remain in the company – the golden handcuffs or something. You can argue that those options, even though it’s your option to quit the company, should not be awarded as marital property because if you don’t work the four years after the marriage, you don’t get them.
These are hotly contested issues. But, in general, your typical stock option that has been invested during the marriage needs to be valued and the property is divided in equitable division in the State of Georgia.
By: Scott Shaw
In equitable division, stock options are subject to be divided in a divorce. Now, stock options can be a very complicated asset to divide. Not all employer plans actually allow stock options to be divided to each party, so you often have to determine what the monetary value of the stock option is to make sure the options can be divided.
Sometimes, you have to become a trustee for your spouse. A very complicated issue, and often is very hotly contested, is what if there are contingencies to be awarded of your stock option or other investment vehicle. For example, let’s say you have options that you’ve been awarded, but you only get them if you remain in the company – the golden handcuffs or something. You can argue that those options, even though it’s your option to quit the company, should not be awarded as marital property because if you don’t work the four years after the marriage, you don’t get them.
These are hotly contested issues. But, in general, your typical stock option that has been invested during the marriage needs to be valued and the property is divided in equitable division in the State of Georgia.
By: Scott Shaw
The answer is no. The court offers mediation services and many counties require mediation of a case, not all counties. For example, Gwinnett country won’t require you to mediate, but they do encourage it. And other counties like county require mediation. But in regards to marriage counseling and trying to patch the marriage up, that’s something we can agree to. We can even get the court to sign an order that the parties will try to go to marriage counseling, but the court will not offer such a service to you.
By: Scott Shaw
The answer is no. The court offers mediation services and many counties require mediation of a case, not all counties. For example, Gwinnett country won’t require you to mediate, but they do encourage it. And other counties like county require mediation. But in regards to marriage counseling and trying to patch the marriage up, that’s something we can agree to. We can even get the court to sign an order that the parties will try to go to marriage counseling, but the court will not offer such a service to you.
By: Scott Shaw
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