Georgia law establishes a presumption of a gift when one spouse transfers legal title to real or personal property to the other spouse or to the marital unit. In other words, property acquired by one spouse prior to marriage (or through gift or inheritance from third-parties during the marriage), wh...
In Georgia, court judgments do not necessarily last forever. Statutory rules of dormancy in essence prevent the enforcement of a judgment to which no attempt at collection has occurred in the prior seven years. But do those dormancy rules apply to awards for equitable division, alimony, child suppor...
Not all domestic matters in Georgia can be tried by a jury. Most significantly, for instance, only a judge can try child custody issues.(1) In divorce actions, however, a jury determines whether specific items constitute marital property, or nonmarital property of a spouse.(2) The jury also equitabl...
Most domestic cases in Georgia are tried without juries, and all custody matters are determined by judges alone. As might be expected, a party suffering adverse rulings at times feels victim of unfair bias by the trial judge. In such instance, does the party have any recourse? Can the party force th...
A prior article addressed the principles governing whether the appreciation in value of business interests, stocks, mutual funds, bonds, and similar investment holdings, brought into a marriage by a spouse constitute marital property subject to equitable division on divorce, or a spouse’s separate...