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
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
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
In a divorce proceeding, debt is often a very big issue – who’s responsible for what debt. It’s often one of the most difficult issues to deal with, because first you have to figure out what the debt was, who incurred the debt, what the debt was incurred for? Was it incurred for a girlfriend? Was it incurred to raise the family? Who should actively be responsible for the debt?
Once you’ve determined who should be responsible for what debt, it’s very important to remember that although the court can order one party to pay your debt, the court cannot order the party who owns that debt to not hold you responsible for liable. For example, if the court orders your husband to pay off your credit card, but your husband files for bankruptcy, you’re suddenly liable for that debt. It’s issues like that that we have to address in order to protect our clients, and make sure that the issue of debt is properly taken care of in divorce.
By: Scott Shaw
In a divorce proceeding, debt is often a very big issue – who’s responsible for what debt. It’s often one of the most difficult issues to deal with, because first you have to figure out what the debt was, who incurred the debt, what the debt was incurred for? Was it incurred for a girlfriend? Was it incurred to raise the family? Who should actively be responsible for the debt?
Once you’ve determined who should be responsible for what debt, it’s very important to remember that although the court can order one party to pay your debt, the court cannot order the party who owns that debt to not hold you responsible for liable. For example, if the court orders your husband to pay off your credit card, but your husband files for bankruptcy, you’re suddenly liable for that debt. It’s issues like that that we have to address in order to protect our clients, and make sure that the issue of debt is properly taken care of in divorce.
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
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
Georgia is an equitable division of property state and not a community property state. What that means is assets are not necessarily divided 50-50 between the parties. There are a lot of factors that go into the case. In the right case, you can argue that one party should get more than half of the assets. In most cases, in the end, once you’re able to ascertain what the assets are and put a valuation on them, the assets will generally be divided 50-50 between the parties.
By: Scott Shaw
Georgia is an equitable division of property state and not a community property state. What that means is assets are not necessarily divided 50-50 between the parties. There are a lot of factors that go into the case. In the right case, you can argue that one party should get more than half of the assets. In most cases, in the end, once you’re able to ascertain what the assets are and put a valuation on them, the assets will generally be divided 50-50 between the parties.
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
You begin your divorce by contacting a good attorney who knows what they are doing, and your attorney will consult with you, advise you whether you should even get a divorce, talk about the relevant issues you have to deal with, whether now is even a good time to file, what sort of planning you need to do, and the attorney will instruct you how to proceed forward.
By: Scott Shaw
You begin your divorce by contacting a good attorney who knows what they are doing, and your attorney will consult with you, advise you whether you should even get a divorce, talk about the relevant issues you have to deal with, whether now is even a good time to file, what sort of planning you need to do, and the attorney will instruct you how to proceed forward.
By: Scott Shaw
Again that depends on whether it’s a non-contested divorce with all terms settled or whether it’s a contested divorce. Contested divorces go anywhere for $2,500, $20,000, $30,000 or higher. I would say that if you have a contested middle class divorce, the average is between $5 and $20,000. If you have a contested divorce with an estate in the seven figure range, you’re probably talking $20 to $50,000 in cost. If you have an uncontested divorce in which all the terms are agreed to, we can usually do that for a flat fee of around $2,000.
By: Scott Shaw
Again that depends on whether it’s a non-contested divorce with all terms settled or whether it’s a contested divorce. Contested divorces go anywhere for $2,500, $20,000, $30,000 or higher. I would say that if you have a contested middle class divorce, the average is between $5 and $20,000. If you have a contested divorce with an estate in the seven figure range, you’re probably talking $20 to $50,000 in cost. If you have an uncontested divorce in which all the terms are agreed to, we can usually do that for a flat fee of around $2,000.
By: Scott Shaw
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