A recent opinion of the Georgia Court of Appeals issued a cautionary tale to spouses who enter into settlement agreements in their divorce cases. This article discusses that appellate decision and the critical lesson in draftsmanship it imparts.
In Messick v. Messick, A21A0600 (Ga. Ct. App., May 1...
“Judicial estoppel is an equitable doctrine that can be invoked by a court at its discretion.”(1) The doctrine seeks “to protect the integrity of the judicial process by prohibiting parties from deliberately changing positions according to the exigencies of the moment.”(2) More specifically, the doc...
When a person violates a Georgia divorce decree or child custody order, the offended party typically responds with a contempt action against the violator. A finding of contempt, however, requires willful violation of a clearly-stated obligation.(1) Contempt claims should not be available in situatio...
All property, including real estate, acquired as a direct result of the labor and investments of the parties during their marriage constitutes marital property to be equitably divided upon divorce under Georgia law.(1) In contrast, a spouse’s business interests and other property acquired/created be...
When spouses who obtained compensation for personal injuries suffered by either or both of them subsequently divorce, they often dispute whether their compensation constitutes marital property subject to equitable division or rather the separate property of the recipient spouse. This article explore...