When facing off against a soon-to-be former spouse in divorce court, it is essential that you – the client – discuss with your lawyer what issues are most important to you so your lawyer can prioritize your objectives and build a winning strategy. During a divorce proceeding, each side generally has limited time to present
Most judges in Georgia require divorcing couples to go through mediation before they will schedule a trial. Mediation is a form of alternative dispute resolution, which means it is a process where the parties attempt to resolve their divorce case without having a trial. Don’t regard this as just another hurdle that has to be
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
Trial court did not err in clarifying that the “marital residence” described in the parties’ decree only described the marital home and the 5 acre tract it sat on, and not the surrounding 21.9 acre tract. Husband misplaced reliance on Court’s holding in Messaadi v. Messaadi, 282 Ga. 126, 646 S.E.2d 230 (2007). Court explains… Read More
The parties purchased a lake house after they married and titled it solely in Wife’s name. Wife took out a line of credit, with lake house as collateral, to use as a down payment on the marital residence. Wife subsequently extended the same line of credit, putting additional money into the couple’s business. The parties… Read More
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
Trial court was authorized to find an agreement existed between the parties and to make that agreement part of the final decree, despite Husband’s contention otherwise. At trial, Husband testified that he understood the agreement would be set forth on the record. Neither party objected to the Judge affirming she understood there was an agreement… Read More