Divorce and other domestic proceedings, like virtually all civil actions, often end through settlements negotiated by the parties’ attorneys. When the clients are present, or when the negotiations occur via written exchanges approved by them, questions rarely arise concerning the attorneys’ authorit...
In prior articles, we explored the pros and cons of jury trials in divorce and other domestic actions, as well as the availability of contempt remedies for violation of divorce decrees. This article will address the extent to which a party can demand a trial by jury when defending an action for...
When a spouse receives disability insurance, worker’s compensation, or a monetary award for a personal injury suffered during the marriage, the classification of those payments in a subsequent divorce proceeding can be tricky. A trier of fact will have to determine whether a payment for the spouse’s...
Classification of Unvested Stock Options and Deferred Compensation for Equitable Division on Divorce
Question: Do unvested stock options and deferred compensation constitute marital assets that are subject to equitable division on divorce?
Answer and Discussion: As to deferred compensation, definitely. As to unvested stock options, the answer seems a bit less clear. Under Georgia law, insofar a...
Georgia law permits a court to modify physical or legal custody of a minor child granted under a prior award upon a showing of new and material changes in the conditions and circumstances substantially affecting the interest and welfare of the child.(1) Surprisingly though, neither the governing sta...