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...
At times, parents who did not obtain primary custody of their children in divorce actions or other custody proceedings face reluctance or refusal of their children to visit with them, contrary to the parenting time provisions of their custody orders. In some cases, the children’s negative attitudes...
A prior article discussed whether Georgia law allows parents to waive their statutory right to seek modification of prior child custody rulings. In this article, we address whether parents can waive their ability to seek modification of child support obligations. The short answer is, no.
A Georg...
In two prior articles, we addressed which provisions of a divorce decree could be modified after its entry and also covered a court’s ability to clarify a divorce decree in a contempt proceeding. This article delves into a court’s contempt powers with respect to a specific component of a divorce...
As a general rule, after expiration of a judgment’s term of entry, a Georgia court has no ability to modify or amend the judgment in any matter of substance or in any matter affecting the merits, unless authorized by statute.(1) A court, however, at any time can correct “[c]lerical mistakes in judgm...