All Georgia divorce actions must be filed in the State’s superior court, which is a court of equity.(1) Because courts of equity apply equities to their decisions, they also ordinarily consider equitable defenses in their rulings.(2) One such defense is “laches.” This article explores the applicabil...
Actions seeking redress for a former spouse’s alleged violation of a divorce decree seem commonplace. Yet, while a court ordinarily possesses wide discretion to determine whether a party is in contempt of its decree, the process the court must undertake to determine the meaning of its judgment diffe...
Generally, Georgia law authorizes entry of default judgments against defendants who fail to timely file defensive pleadings in civil actions. That general rule, however, does not apply to defendants in designated domestic relations cases. This article will discuss the consequences of a defendant’s f...
Continuing our periodic series on adultery and divorce, this article focuses on the methods of proving a spouse’s adultery in a divorce action, and the significant changes in Georgia law which have made that task easier to accomplish nowadays.
The year 1982 forms the critical demarcation between t...
Our prior articles discussed the relevance and proof of adultery vis-à-vis asserting grounds for divorce and obtaining permanent and temporary alimony. Yet not every failed marriage suffering from adultery results in a divorce complaint asserting the ground of adultery or in a claim for alimony...