A principal issue in contested divorces concerns the division of the parties’ assets. Before a court can equitably divide property, however, it first must classify the property either as marital or non-marital.(1) The classification process unsurprisingly engenders disputes, one of which frequently...
Although less frequently relied upon as grounds for divorce nowadays, adultery and acts of cruel treatment by a spouse continue to play prominent roles in divorce proceedings. Nonetheless, one spouse’s condonation of the other’s adulterous acts or cruel behavior can significantly impact a right to d...
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...
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...
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...