Georgia Divorce Laws

Served Divorce Papers | Atlanta Family Law

Scott Shaw

 

Being Served Divorce Papers in Atlanta

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

Being Served Divorce Papers in Atlanta

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

Dividing Military Pensions | Atlanta Divorce Laws

Scott Shaw

 

Military Pension Division in Atlanta

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.

Common Misconceptions

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

Military Pension Division in Atlanta

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.

Common Misconceptions

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

Marriage Counseling Services | Atlanta Divorce

Scott Shaw

 

Court Offered Services

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

Court Offered Services

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

Temporary Orders During Divorce | Atlanta Family Law

Scott Shaw

 

When Temporary Orders Take Effect

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

When Temporary Orders Take Effect

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

Debt Responsibility | Atlanta Divorce Laws

Scott Shaw

 

Who is Responsible for Debt?

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?

Debt Liability Can Change

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

Who is Responsible for Debt?

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?

Debt Liability Can Change

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

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