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Case Law Reviews: Divorce


Categories: Divorce, Marital Property

Appellant held title to real property that was deemed subject to equitable division in the divorce of her son from his wife. The couple was married in 1978. Appellant acquired a home in 1991 and allowed the couple to live there. In 1996, Appellant deeded to the property to her son individually, as a gift. Read More

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DeRyke v. Teets, S10A0710

Categories: Divorce, Settlement Agreement

Husband and Wife entered into a settlement agreement which provided that each party waived all of his or her right, title, and interest in and to, among other things, employment benefit plans.  The settlement agreement was incorporated into their final judgment and decree of divorce which was entered on September 25, 2008. Five days after Read More

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Horton v. Horton, S10F0827

Categories: Divorce, Marital Property

Husband and Wife were divorced pursuant to a Total Judgment and Decree of Divorce entered on June 5, 2009. During the trial of the case, the trial court refused to allow Wife to introduce evidence of a Temporary Order that had been entered in the divorce action on February 15, 2007. Wife contends that evidence Read More

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Morgan v. Morgan, S10A1365

Categories: Divorce, Marital Property, Modifcation, Settlement Agreement

Facts: Husband and Wife divorced in 2007 by Decree, incorporating a settlement agreement. H was member of U.S. Navy. Agreement stated that, upon H’s retirement, W was entitled to only the portion of his retirement benefits that Navy required be paid to her. If such payments were required, H agreed to sign all documents to ensure Read More

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Thompson v. Thompson, S10F1231

Categories: Civil-Estoppel, Divorce

In this case, the Supreme Court ‘disapproves’ its 2007 decision in Grissom v. Grissom, 282 Ga. 267, which it said caused confusion. The Court now reinstates Coley v. Coley, 128 Ga. 654 (1907), holding that one who has accepted benefits such as spousal support or equitable division under a divorce decree is stopped from seeking Read More

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Willis II v. Willis, S10F1357

Categories: Child Custody, Child Support, Divorce

The parties’ appeals from the entry of a judgment and decree of divorce were before the Court by way of the pilot project. The trial court awarded the parties shared joint legal and physical custody of the sole child born of the marriage, with the parties exercising physical custody on alternate weeks. Solely for purposes Read More

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