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...
Personal property owned by either or both spouses often includes ownership interests in family or other closely held businesses, as well as investment portfolios comprised of stocks, mutual funds, and bonds. The extent to which such business interests and investment portfolios constitute marital pro...
The incorporation of a property settlement agreement into a final decree of divorce does not always provide clarity and finality regarding the parties’ issues. Through oversight, lack of communication, or poor drafting, a settlement agreement’s provisions may not accurately or fully reflect the inte...
When courts divvy up marital assets in a divorce, they often face issues regarding whether to classify real estate either as marital property or separate property. The issue becomes critical because a court’s final decree of divorce divides all marital assets between the parties in a manner that is...
Adultery not only ruins marriages, but it also has legal significance in divorce.
Adultery by either spouse during the marriage creates fault grounds for a total divorce under Georgia law.(1) Adultery in that context is defined as sexual intercourse with a person of either sex other than one’s sp...