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...
Until a judge ratifies a settlement agreement and incorporates it into a final decree of divorce, a party to the agreement remains free to attack it and seek rescission, if sufficient grounds exist.(1) But what grounds justify repudiation of a settlement agreement in a divorce action, and how and wh...
Georgia law grants no prima-facie right to the custody of a child in the father or mother, in a battle between two parents.(1) Rather, the judge hearing the issue of custody must “exercise discretion to look to and determine solely what is for the best interest of the child and what will best promot...