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 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
Maybe the most common is what to do with the marital home and it’s not such an simple issue as one might think. Issues run the gamut. For example, what if one party wants to stay in the house, but the other party is the person whose name is on the mortgage? You don’t want to let that party stay in the house when they have no skin of the game. What if they don’t pay the mortgage? The other guy’s the one who’s going to be collected on and have their credit rating hurt. So, you need to address issues like that.
There’s also issues, how do you value the home? What if you want to sell the home? What’s the procedure to do it? You don’t want to happen what happened on one of the cases I had where previous counsel before me had agreed they’ll just average up the husband and wife’s selling price and sell it as an average. The home stayed in the market for 720 days. It deteriorated to practically nothing because the wife wanted to stay in there free. So, it was worth $2,000,000. The husband thought it was worth nothing, so it was worth $400,000. You average it together, it wasn’t worth anywhere near what the average was. So, you have to take into consideration things even as minute as the process to sell the home.
By: Scott Shaw
Maybe the most common is what to do with the marital home and it’s not such an simple issue as one might think. Issues run the gamut. For example, what if one party wants to stay in the house, but the other party is the person whose name is on the mortgage? You don’t want to let that party stay in the house when they have no skin of the game. What if they don’t pay the mortgage? The other guy’s the one who’s going to be collected on and have their credit rating hurt. So, you need to address issues like that.
There’s also issues, how do you value the home? What if you want to sell the home? What’s the procedure to do it? You don’t want to happen what happened on one of the cases I had where previous counsel before me had agreed they’ll just average up the husband and wife’s selling price and sell it as an average. The home stayed in the market for 720 days. It deteriorated to practically nothing because the wife wanted to stay in there free. So, it was worth $2,000,000. The husband thought it was worth nothing, so it was worth $400,000. You average it together, it wasn’t worth anywhere near what the average was. So, you have to take into consideration things even as minute as the process to sell the home.
By: Scott Shaw
Temporary orders take effect during a divorce at the time the judge signs them and enters them with the clerk of court. It’s that simple. Once the order is signed, it gets entered with the clerk of court, there’s a file stamp date on it, the order is good and valid until either the divorce is dismissed, or a new order takes its place.
By: Scott Shaw
Temporary orders take effect during a divorce at the time the judge signs them and enters them with the clerk of court. It’s that simple. Once the order is signed, it gets entered with the clerk of court, there’s a file stamp date on it, the order is good and valid until either the divorce is dismissed, or a new order takes its place.
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 a divorce in Georgia, an issue that often comes up is how do you divide a military pension? Under federal law, a military pension is considered to be marital property in a divorce. Now the entirety of the military pension may not be marital, but the portion that you earn during the marriage is subject to be divided in the state of Georgia.
So one of the first challenges you have is to ascertain what portion of your military pension is going to be marital property and subject to division and what portion is not, and therefore you’ll get to keep without dividing it with your spouse, and this is not an issue. It’s just any attorney can figure out for you.
It’s often mistakes are often made on it. Another misconception for military pensions is people often think that you have to be in the military for ten years in order for a pension to be divided, but that’s not true. The ten year rule only applies to how long you have to be married if you want the military to garnish your share of the pension.
If you’re married for less than ten years, the pension is still subject to be divided. You just have to get it paid directly from the spouse who receives the military pension. Military pensions are a frequent issue in divorce. Shaw Law Firm has handled many of these. If you have any questions, we’d be happy to take your telephone calls or inquiries. Thank you.
By: Scott Shaw
In a divorce in Georgia, an issue that often comes up is how do you divide a military pension? Under federal law, a military pension is considered to be marital property in a divorce. Now the entirety of the military pension may not be marital, but the portion that you earn during the marriage is subject to be divided in the state of Georgia.
So one of the first challenges you have is to ascertain what portion of your military pension is going to be marital property and subject to division and what portion is not, and therefore you’ll get to keep without dividing it with your spouse, and this is not an issue. It’s just any attorney can figure out for you.
It’s often mistakes are often made on it. Another misconception for military pensions is people often think that you have to be in the military for ten years in order for a pension to be divided, but that’s not true. The ten year rule only applies to how long you have to be married if you want the military to garnish your share of the pension.
If you’re married for less than ten years, the pension is still subject to be divided. You just have to get it paid directly from the spouse who receives the military pension. Military pensions are a frequent issue in divorce. Shaw Law Firm has handled many of these. If you have any questions, we’d be 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
That can vary quite a bit. Divorces vary from uncontested divorces where all the issues are agreed to, to outright wars. An uncontested divorce, usually you can get it done – if there’s an agreement on all issues – within 60 to 90 days.
As for the most outrageous divorces, the ones that carry on the longest, 18 months to 2 years. At Shaw Law Firm, we strive to push our cases forward. We like to solve problems. We get to the nitty gritty of the issues, so we try to move things forward quicker, so our cases generally 6 to 18 months is probably the longest case we’ll have, but there are some divorces that can stretch out even longer.
By: Scott Shaw
That can vary quite a bit. Divorces vary from uncontested divorces where all the issues are agreed to, to outright wars. An uncontested divorce, usually you can get it done – if there’s an agreement on all issues – within 60 to 90 days.
As for the most outrageous divorces, the ones that carry on the longest, 18 months to 2 years. At Shaw Law Firm, we strive to push our cases forward. We like to solve problems. We get to the nitty gritty of the issues, so we try to move things forward quicker, so our cases generally 6 to 18 months is probably the longest case we’ll have, but there are some divorces that can stretch out even longer.
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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