Georgia law permits a court to modify a judgment providing permanent alimony for the support of a spouse “upon petition filed by either former spouse showing a change in the income and financial status of either former spouse.”(1) In modification actions, the law further authorizes a court, upon mot...
Two Georgia statutes address a party’s right to request issuance of specific findings of fact and conclusions of law supporting court rulings in domestic actions. One generally provides that “[i]n ruling on interlocutory injunctions and in all nonjury trials in courts of record, the court shall upon...
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...